Legal Question in Landlord & Tenant Law in Florida

Refund of deposit

After a former tenant moved out, the impatient new tenant moved in prior to our inspection. She paid the $200 deposit & monthly hand delivered her rent in full /on time. After a year of slow business, she decided to move out, after which we inspected-found the usual debris, but the bathroom was in awful, nasty shape. We spent close to $100-replaced sink, toilet, tiles, and did major disinfecting. She expects her $ back, claiming she didn't do it. We disagree. During her stay, why didn't she report it to us? She came in the office every month for a year. It got progressively worse and ended up costing way more. Are we within our rights to keep the deposit? She has written us an ugly, emotional note, saying she never used it & needs the $. We are torn. Should we give her half? All? None? My vote is none!


Asked on 9/18/04, 10:02 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Refund of deposit

If you do decide to keep the rent, you must comply with Fla. Stat. �83.49 entitled "Deposit money or advance rent; duty of landlord and tenant." The statute is too large to re-print here, so promptly look it up, and beware of your time requirements, as you may waive your right to keep the security deposit. Good luck,

Randall Gilbert

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Answered on 9/19/04, 11:41 am
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Refund of deposit

Since you did not inspect the apartment prior to her moving in and made no repairs, it is impossible for you to know if the damage was caused by her or the former tenant. It doesn't sound like she is a shady tenant since she provided rent on time, was otherwise a good tenant and notified you of her moving out. It sounds like she is being honest and probably did not damage the bathroom. The property belongs to you and you benefit by improving the premises. I would not penalize this tenant for your failure to inspect/check the premises.

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Answered on 9/19/04, 11:42 pm


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