Legal Question in Landlord & Tenant Law in Florida

Hi, I am a landlord and signed a lease contract with a prospective tenant and 2 days before he moved in, he said he forgot Monday Sept 5th was Labor Day and didn't have the cashier's check for the deposit so I can give him the keys and he can move in. I didn't feel comfortable with the situation as this is the 2nd time something like this has happened with him (happened the day we originally signed the lease and didn't give me part of a holding deposit until 12 days later).

Can I cancel the lease before he moves in? Do I keep or return his holding deposit?

Thank you.


Asked on 9/06/16, 8:01 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your written lease agreement controls. It needs to be reviewed to determine your rights and remedies

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Answered on 9/06/16, 8:23 am
Lucreita Becude Lucreita D. Becude, P.A.

Sounds to me you have someone who is not going to be able to afford this unit. I agree with Mr. Stein as you need to understand what YOUR rights and remedies are under this lease agreement. If he can not pay within the time period stated, then follow through with eviction.

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Answered on 9/06/16, 4:07 pm


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