Legal Question in Landlord & Tenant Law in Florida
Can my security deposit be withheld for not showing the apartment where i rent? I was in the middle of feeding my two year old when the landlord called and said she had people outside to view it, she did not give me any prior notice so i refused and she threatened to report me. Is it my right as a tenant to refuse? Is it legal to have strangers walk through my house without the landlord advising me in advance?
3 Answers from Attorneys
No. You are entitled to reasonable advanced notice.
If your lease does not address when the landlord can show the apartment, then reasonable would be implied by any court. Some notice would be required, not instantaneous response. NOt sure who the report was to be made to. The security deposit is specifically for damage to an apartment beyond reasonable wear and tear and not usually for breaches, even not for non payment. I dont believe it can be withheld for your failure to honor a term in the lease to show the unit.
Read your lease. If the lease does not mention showing the property, then reasonable notice is required. What is reasonable is dependent on the facts so it is best to work out an arrangement with the landlord. Unless there are damages to the aparment beyond reasonable wear and tear, the landlord should return the deposit.
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