Legal Question in Landlord & Tenant Law in Florida

Re: Security Deposit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: A deposit is usually designed to protect the landlord for any damages caused to the premises by the tenant or for any rent not paid by the tenant, as long as it is not for the next immediate rental period. Regardless of why the deposit is being held, the method of how the money is to be returned is governed by statute. The obligations of either the landlord or tenant are determined by whether the tenant vacates the premises either:

1. at the end of the written lease;

2. prior to the end of the written lease and there is no clause governing such contingency;

3. at the end of an oral lease; or

4. prior to the end of the oral lease.

It must be kept in mind that the primary purpose of the deposit statute is to avoid or simplify litigation. As a means of accomplishing this goal, both the landlord and tenant are required to comply with statutory notice requirements; the failure to do so can result in possible forfeitures, thus eliminating the need for a trial on the merits. If you would like to do your own research I recommend looking at Chapter 83 of the Florida Statutes. Good luck, and if you need further assistance in this regard, you may contact the undersigned.

Yours truly,

Randall Gilbert