Legal Question in Landlord & Tenant Law in Florida
I live in Florida and rent and apartment along with my husband. We recently found out that the apartment has been in foreclosure since January 2010. Also there is an auction date in early May. Luckily, we found an apartment and will be moving by the end of April. We called our Landlord to ask him for our deposit and he refuses to give it to us. What can we do?
3 Answers from Attorneys
What does your lease state? Are you breaking it? just because there is an auction date does not mean you have to leave. The new purchaser, if there is one, will give you an option to stay or leave.
Above answer asks very relevant questions. What do you want to do?
Some guidance can be found in the protection afforded by
http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/ptfa.pdf
If Mtg-holder/Plaintiff wants you to move, you can sue LL for damages. You should read the part of Florida Statute-chapter 83 as it speaks to deposits. You will need to send appropriate notices to LL....that you deem lease broken by LL, that you demand your deposit back. You have to provide a new address to LL. You can sue LL...but may only get a Judgment that you can't collect on if he/she is insolvent. Good luck. Tom Rosenblum
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