Penwood/Jeffwood Apartments I got a new job in West Virginia on Nov 15th 2002. Found someone to take over the lease did everything legally, but I was wrong because I trusted my landlord. Tallahassee Florida

Hello--

I think you might need some legal assistance. The landlord must do several things when a tenant breaks the lease or comes to the end of a lease term.

One of those items is to "mitigate damages", meaning they can't just sit on their butts after you tell them you are breaking a lease (do everything in writing). If you found a suitable tenant who signed a new lease, you would only be responsible for any costs associated with the re-leasing of the apartment such as advertising or lost days of rent between when you left and when the new tenant moved in. Once they collect rent from a new tenant and have a new lease, you are off the hook. They cannot collect double rent (rent from an old tenant and a new one for the same rental periods).

Check the state laws where you rented for these next points--they applied where I used to manage property, but may not apply under your state law.

First off, the landlord is required to give you an itemized statement of your deposit and return it within a set period of time. Where I used to manage, it was 21 days.

If you don't get that statement/deposit return, you can sue the landlord in small claims court for the return of the deposit. Some states will not allow the landlord to deduct any charges if they don't return it within the required time frame. Some other states allow you to sue for treble (triple) damages, so you would get 3 times your deposit amount if you prevailed in court.

Read your lease and see if there is some sort of clause about the deposit in the case of a lease breakage. The landlord cannot "make it up as he goes along". If there is no clause in your lease, the court would generally find in your favor, especially since you found a qualified replacement tenant.

Consult a Nolo Press Tenant Rights book. You might get your answer on their online site: www.nolo.com

Nolo writes many guides on legal advice for various situations. They have several on tenant/landlord relations.

Before you go through the expense of a lawyer, you might try putting your request in writing to the landlord, send it certified mail with return receipt requested (and maybe send a second copy regular mail with a receipt/proof of mailing that does not require a signature and is about 60 cents at the post office).

In your letter, cite the state laws they violated, that you found a qualified replacement, there were no damages and that you are entitled to the full return of your deposit and that you expect it back immediately or you will file a complaint with the Attorney General and perhaps the Florida Commission on Human Rights (civil rights issues/discrimination in housing and employment). Also mention there is no clause about a lease breakage fee in their lease, which I am guessing.

They sound sleazy and are probably banking on the fact that you are now out of state. If you come off like you are going to be a legal pain in their a*s and call their bluff, my guess is you will get your deposit back pronto.

Good luck with it, hope this info was useful.