Legal Question in Landlord & Tenant Law in Florida

Is it unlawful for a landlord to sign a new lease with a tenant that states "security deposit of $2000 carried over from prior lease" when, unknown to tenant, the landlord's chapter 13 Plan the was approved months earlier surrenders the security deposit escrow account?


Asked on 4/23/15, 1:01 pm

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

Kind of hard to imagine the chapter 13 plan requiring surrender of assets that were not owned by the landlord. In addition, unless the tenant was a creditor notified about the bankruptcy it does not seem the forfeiture of the security would be valid. Lastly, the landlord referencing a deposit that they no longer control sounds a bit like fraud. Suggest you seek some legal guidance.

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Answered on 4/23/15, 1:16 pm


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