Legal Question in Landlord & Tenant Law in Florida

Security deposit
I have an office space and I leased it for a tenant. He didn�t pay me the last month rent and vacated the property. He has security deposit (the deposit amount is equal to two months� rent) with me. Since he didn�t pay the last month rent, I didn�t return him any amount of the security deposit. The lease contract says the following: �security deposit shall be returned to the TENANT, without interest, within THIRTY (30) calendar days after the date set forth for the expiration of the term hereof provided TENANT has fully and faithfully carried out all of the terms, covenants and conditions of this Lease. TENANT acknowledges that TENANT shall not be entitled to apply the security deposit to any rent, including, specifically, the last month's rent, or monies due to LANDLORD, and application of the deposit to any sums due from TENANT to LANDLORD shall be at the option of LANDLORD.�

I have informed the tenant within 15 days (after the least is over), by certified mail, my intention of NOT paying him back the security deposit, citing the reason.

Please suggest me whether I am correct. Also let me know if there is any hidden Florida Law (which is not in the contract) I may be violating.
Sincerely
Lu

Asked on 10/03/08, 1:08 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

0 users found helpful

0 attorneys agreed

Re: Security deposit

I would subtract from the deposit the rent owed and whatever other charges are apropriate and then return the rest.

Answered on 10/05/08, 4:21 pm

Keywords

Match Any Match All

Country

State

Area of Law