Legal Question in Landlord & Tenant Law in Florida

Re: Tenant/Landlord security deposit issue

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You security deposit cannot be used as your last month's rent unless the landlord agrees to it. A security deposit is given to ensure the faithful performance under the lease and to cover any damage when you leave. You need to pay the last month's rent or the landlord can file for eviction against you. If you pay, she has no grounds to file.

When you vacate, you should have an impartial third party view the premises to see the condition it was in. Take some pictures showing the way the house looked that you can use if the landlord later refuses to return the deposit. If she does return it, immediately retain an attorney to file suit for your money. The prevailing party should be entitled to attorney's fees under Florida statutes and most likely the terms of the lease you have with her. Court costs are always awarded to the prevailing party.

Scott R. Jay, Esq.

Re: Tenant/Landlord security deposit issue

Realistically, eviction will take more than 3 weeks. If she fails to repay security per FS 83, you will have a cause of action. I'd write her and ask to use security for rent.