Legal Question in Landlord & Tenant Law in Florida
Florida Landlord's tenant vacated property before lease completed. tenant wanting security deposit refunded. What is the right of landlord to keep deposit considering non fulfillment of lease terms.
2 Answers from Attorneys
Technically, security is for damages to apartment and you must follow statute to make claim. Since they breached contract I would think you can claim a lien on the amount of security you owe them and place the money with the court clerk. You can also make a claim for rent owed.
The lease agreement controls. Security deposit is usually for damage to the unit NOT for unpaid rental. You can sue for the rental that is unpaid and hold the security pending your obtaining a judgment or an agreement to retain the security deposit. I suggest you contact an attorney and discuss your options