Legal Question in Landlord & Tenant Law in Florida

We have rented a home for almost five years. The first year we had a lease after that we did not have one. Now the landloard wants us to sign a new lease, which we have no problem, but she is says she is not transfering our security deposit, because we didn't pay rent one month. When we asked when first she said it was with two years, but we had the records. Then she said maybe it could have been four years ago, just her computer said so and it is our problem to prove otherwise. We would have to pay to pull up all those banking records, money we don't have. She is badgering us steady to sign this lease with $0 security deposit on it. Can she do this?


Asked on 2/24/12, 5:56 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Security deposits are used for damages to the property and can be prorated as part of rent if it was not paid. However, I would tell her to produce where the payment was that was not made - otherwise it is a choice you will have to make. I suggest you move.

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Answered on 2/24/12, 11:23 am


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