Legal Question in Landlord & Tenant Law in Florida

Found a townhouse in Florida for $1,000 and was told in an email, application

fee of $75 required, and since no more applications accepted after first one

received, $100 (one hundred) security deposit required separately. Submitted

application and $75 fee on 8/10 (no other mention of $100 security deposit).

Approved on 8/13 and paid $1,000 security deposit on 8/17. Gave 30 day notice at

current residence with new lease to begin Sept 15th. Asked landlord if we could

move some items in early since unit was empty but not actually occupy til 9/15.

Was told yes, no problem (yay!). Went to sign lease on 8/31 with an effective

date of 9/1 and only required to pay half month's rent ($500) since occupancy

would be 9/15. However, landlord wanted the $500 up front which we were not in a

position to due at that time since we had just paid $1,000 security deposit and

are still paying rent at our current residence and said we'd get back to them

shortly. Lease was signed but no keys given to us. Understandable. We were

planning to pay the $500 tomorrow (9/5) and begin slowly moving items in.

Meanwhile, TODAY, my husband has been offered a job across the state. What are

the landlord's rights in Florida to the $1,000 security deposit? On the lease,

it states: Security Deposit $1,000 - Already paid; in escrow deposit account.

Thank you so much for any help/advice.


Asked on 9/04/12, 8:28 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If your husband is not in the military then you may have no recourse. Look at your lease that you signed. You can recap the lost security with the offer to move across the state - I am sure they will pay to have him accept the job. If not, there is not much you can do. However, you need to make sure the landlord is not going to charge you for the loss of income during the lease period. In otherwords, be sure he cancels the lease in its entirety and states in writing that there will be no other charges.

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Answered on 9/05/12, 6:20 am


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