Legal Question in Landlord & Tenant Law in Florida

I have a tenant that moved in Dec 3, 2013 in Florida. The lease stated a $275 non-refundable pet fee on 2 different pages. She initialed all the pages and signed the last page, where it was all wrote out ( rent, deposit, non refundable with their dollar amounts next to.) We allowed the deposits to be split in 3 installments ( since it was Christmas time). Last Sunday we went over what is owed ( discussed the pet fee ) she paid part and now I got a call stating her dog is a medical dog and that she isn't required by FL law to pay that part of the deposit. Even though she never mentioned it while signing the contract or last Sunday. She had previously had cancer but now works 2-3 jobs ( up to 12 hours a day) and the dog stays home with her daughter. He's a Palmeranian and he barks constantly and she puts him up when I'm there so he doesn't bite. I don't think I can ask her "need/disability" She does receive a ss disability check. The dog clearly doesn't perform as a service dog - just comfort. Can I still charge her the non-refundable pet fee? And what questions or what do I say?


Asked on 1/08/14, 8:37 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The Federal Housing Act likely prohibits the extra security deposit, However, you have every right to get the medical backup to support the need AND verification that this dog qualifies for the exception. I would check with a local real estate attorney to confirm how you should handle it.

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Answered on 1/09/14, 2:20 am


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