Legal Question in Landlord & Tenant Law in Florida

I started the application process to become a resident at an apartment complex the beginning of November. I told the leasing consultant up front about my previous eviction, I told her that I was paying off the company and had proof. She said that I probably would not be accepted without a co-signer. I obtained a co-signer and was approved. I recently signed my lease, received the keys, was welcomed by everyone, and started moving my things in. Earlier this week the property manager calls me to tell me my application should have never been approved, that they do not except evictions under any circumstances. she gives me two options. The first option is to move out of the apartment, they break the lease and pro-rate my refund for all the days I have been a resident up to the day they receive the keys. The second option is to remain at the apartment without the opportunity to upgrade later on and without a renewal at the end of my lease term. The property manager was very rude to me and her second option sounds suspicious because she mentioned performing an illegal eviction and also asked me when I am going to get my things out. I feel unwelcome at this community and definitely do not want to stay. But I do not feel its right to now have to pay to have my things moved out and on top of that, they pro-rate the fees I paid to move in. The whole thing is there fault, shouldn't they eat whatever cost there are and issue me a full refund. And even if the law permits them to deduct from move in fees, shouldn't we split the costs at least. I have never even stayed one night at the apartment due to utilities not having transferred. Don't I have the right to all of my money back?


Asked on 12/03/11, 9:46 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I would tell them to return your full funds or you will pursue them in court. I hope you have a witness to all that was said because I am sure they will not put any of this in writing - the two deals they are offering.

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Answered on 12/05/11, 6:21 am


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