Legal Question in Real Estate Law in Florida

I was approved for a 3 bdrm condo for $950 a mth. I had not made any decisions to take the place as I was still shopping around. My mom calls the Property manager and they meet with each other and she gives him $950 deposit and he wrote up a lease for Feb 1st without my consent or signature on the lease. When she advised me that she did this I was very upset because I had not made a decision to go ahead and do this she assumed that it was okay because I liked the place and that she didn't want me to lose it. I then sat and thought about whether I would go ahead and take it since all this was done. But a week or so later I was injured and had fractured my jaw bone, missing time off work causing me to lose wages and being instructed not to do any heavy lifting. I had to advise the property manager that I can not move in due to my injury and requested my deposit back. He then advised me that the $950 deposit was non-refundable but we never signed any legal forms and also the lease was never signed by any party. What rights do I have? and what if he wrote non-refundable in ink on the receipt that he gave my mom. Do I lose my deposit even with no signed documents of this?


Asked on 2/10/11, 12:59 pm

1 Answer from Attorneys
Richard Kaplan

Leases in many cases have to be in writing. I can't tell if that is applicable to your situation.

Also, since you didn't agree to any lease, you have no lease. Your mother may.

Depending upon the situation, even if the landlord claims the deposit was non-refundable, you may be able to go to court to get a refund. Where was it contractually agreed to be non-refundable? I don't see it. They would have a hard time defending an action without some proof of its agreement, especially if it was to be in writing, and it isn't.

You need an attorney. Maybe legal aide could supply one.

Read more
Answered on 2/10/11, 2:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida