Legal Question in Landlord & Tenant Law in Florida

We live in Cape Coral, Florida (Lee County). We rented a house for 3 months while our home was being remodeled. The lease states:

"The Tenants agree to pay a Monthly rate of 1650.00".

It does not say whether it includes taxes or not. However, it further states:

"The Deposit may not be used by either party for any payment due under this agreement."

When the rentor returned our deposit, he subtracted almost 600.00 in taxes first. We assumed the taxes were part of the 1650.00 rent. Can he do this?


Asked on 1/06/10, 12:39 pm

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No, I don't think you are obligated to pay taxes on the property UNLESS the lease so provides. In the absence of the lease saying you must pay taxes in addition to rent, you do not have to pay taxes.

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Answered on 1/11/10, 12:51 pm
Lesly Longa Longa Law P.A.

No, but check your lease to see if you agreed to this. Send notice that you are disputing the amount withheld to the landlord in writing. Check Florida landlord-tenant law for details. http://www.800helpfla.com/landlord_text.html

This link should help or contact an attorney. Regards,

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Answered on 1/11/10, 1:09 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. If the agreement does not provide that you pay taxes, then that is the landlord's responsibility.

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Answered on 1/11/10, 1:31 pm


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