Legal Question in Landlord & Tenant Law in Florida

My husband and I put a deposit down on an apartment. We didn't sign anything, we just gave them the application. Now my husband and I have to change our plans and can't move in, can we get our money back?


Asked on 10/23/10, 9:36 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

Look at the application, did you sign the application? Does the application state that the deposit will be applied to credit report or criminal background check fees?

Does the application state that the deposit is to "hold" the apartment for you, pending credit and background checks?

You can ask for the deposit back, maybe you will get it. If it was a very large deposit, more than $300, and they won't give it back you can go to small claims court. The sooner you notify the landlord of your decision, the less "damages" the landlord can claim.

Your question makes a good point though, that you should never give money or a signature before knowing you want to proceed.

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Answered on 10/28/10, 10:09 am


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