Legal Question in Landlord & Tenant Law in Florida
no lease cashed check
I was going to rent a house from an out of town owner he was to hold the year's rent until we signed a lease and transferred the keys. He asked that I send him the check and he would hold it. He cashed it upon receipt. I was to sign the lease and take occupancy on 11/15 he cashed the check on 10/26 with no signed lease. I am backing out on the house due to financial problems and that my husband and I are getting a divorce. The ''landlord'' is telling me that I owe him the money for the year. We negotiated for three days prior to me sending him the check. I said I would pay him the secuirty deposit of $2500.00 plus a nominal fee for preparation of lease and the costs of his advertisement $50.00 What is my recourse?
2 Answers from Attorneys
Re: no lease cashed check
If the agreement was conditional upon a written lease you are entitled to your $ back.
Re: no lease cashed check
Hello: I just read your question. 'Sorry you have to go through this. From the facts you state, I don't believe you should pay the prospective LL anything. You say you never signed a lease. As such, LL has no right to your $. If you decide to choose litigation, you should be able to secure jurisdiction in your county which would require LL to hire an atty. down here and possibly travel here. Also, if you prevail, you should be able to put a lien on the real property to ensure that you will get paid someday. I would not wait too long to force the issue. 'Hope this helps. Tom Rosenblum
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