Legal Question in Real Estate Law in Florida

Re: deposit

An attorney would have to study the lease agreement

and section 83.49, Florida Statutes before being

able to answer that question. I strongly suggest

you make an appointment to see one in your area.

Purpose of Deposit

Facts: 2 people sign 1 year lease. 1st person leaves after 7 months; does not inform leasing company; does not ask for deposit back. 2nd person remains for remainder of first lease; signs for another year. 2nd person leaves after lease expires. 2nd person gets deposit back. 1st person wants their share of deposit.

Q. Does 1st person have right to any of deposit?

A. Yes, unless there was a separate agreement between the two tenants. A security deposit is to cover any damage to the unit. The 1st person trusted the 2nd to do no damage after they left. Since the deposit was returned, the 1st person is entitled to get their share back with a "Thank You" from the 2nd for allowing the 2nd to use their money during the term of the new lease that 2nd person signed. 1st person could have demanded their money at the end of the first lease term.

Purpose of Deposit --Additional Comment

The 1st person did breach the terms of the first lease and MAY owe their share of five months rent. It would depend on the facts of why the 1st person left before the lease was up and what the two people agreed when 1st person left.