Legal Question in Landlord & Tenant Law in Florida
Landlord wont give deposit back
my sister recently signed a lease for an apartment paid a deposit. The apartment is privately owned, shortly thereafter my sister was arrested and unable to live in the apartment she has not even set foot in the apartment she just paid the deposit now the landlord says she will not give it back. Can she do this although, my sister never moved in. I am acting as my sisters proxy because she has 5 minor children. Is there anything I can do about getting the deposit back
2 Answers from Attorneys
Re: Landlord wont give deposit back
You can have a lawyer look at the lease your sister signed to see what rights she may have. Her rights will also be determined under Ch. 83 Florida Statutes which permits the forfeiture of deposits under certain circumstances.
Re: Landlord wont give deposit back
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
First and foremost, unless your sister has given you a Power of Attorney you have no legal right to act on her behalf. You will need to get one to do anything for her or her children during her incarceration and should see an attorney to prepare one for you.
Second, a lease is a legally binding contract between the landlord and the tenant. When your sister executed the lease, she agreed to rent the property for a certain period of time. The fact that she was arrested does not release her from the contract. She breached it by not moving in and occupying the apartment as agreed upon between her and the landlord.
That said, the landlord does have the duty to mitigate damages by trying to lease the apartment to someone else once notice has been given that she will be unable to occupy it. The landlord is entitled to deduct all costs of advertising the unit and getting it ready to rent. You should meet with an attorney to discuss your sister's legal rights and obligations.
Scott R. Jay, Esq.
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