Legal Question in Landlord & Tenant Law in Florida

Can I get my rental deposit back if I have not moved in & the application wasn't signed or provided?

I paid $300 deposit plus $25 nonrefundable app fee for a house that had not been advertised as the landlord wasn't finished w improvements. I did not sign the app, but was told we would once the remainder of the move-in fees were paid. We tried to meet w the landlord & a family member for a second opinion, but the landlord was too busy & allowed us one more walk thru w/out him. I was not comfortable with a number of items & called to discuss the return of my $300 deposit. I was informed it was non refundable & he implied that by paying him, I was contractually obligated to either move in for a 1 year lease or forfeit the monies. He is also refusing to provide a copy of the unsigned app, saying he isn't required to. The application was not signed by me, but apparently stated that any monies paid were not refundable. I was not given a copy of the application & was verbally told only the app fee was non refundable. The issues w/ the property were never really addressed as I was not able to meet w him in person again. One of the issues was lack of insulation, an extremely flimsy front door & gaps in the floor. I do have a couple of pictures showing some of these items. When I addresses these issues by telephone, I was told it doesn't matter because I wasn't moving in. He is claiming his company policy is to not provide copies of the application & to retain an attorney if I think I'm 'so smart'. We aren't sure what direction to go with this but feel he should have explained & documented this situation better. Am I entitled to my monies back?


Asked on 6/09/10, 11:52 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

File a small claims actions. YOu can do so online.

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Answered on 6/14/10, 1:39 pm


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