Legal Question in Real Estate Law in Florida
Deposit return without a signed lease?
I rented an apartment for a 3 month term over the summer. The manager of the apartment wrote out a lease but insisted that no one sign it. In the lease was a paragraph which stated that the deposit would be used to paint and clean the apartment. The manager used $120 of the $200 deposit to paint and clean the apartment, even though I was only there for 3 months and I left the apartment in excellent condition. When I moved in, the carpets were already dirty and the walls were far from clean. It was aparent that the apartment had not been cleaned or painted in quite a long time. Florida statutes say that the manager has 15 days to notify the tenant of any claims on the deposit, which she did not do. I have made numerous written requests for the deposit. My question is, first of all, if the lease was not signed, do the terms of this lease hold up concerning the return of the deposit? Second, if the manager did not notify me within 15 days, did she have any right to deduct from the deposit.
Thank you
2 Answers from Attorneys
Fla. Rental Deposit Refund
IF you did not receive the 15 day notification and gave the landlord a forwarding address, then you can recover your deposit. It may take a lawsuit but if you win then you are also entitled to attys. fees and costs.
You have an oral/verbal lease if the written lease was not signed.
If notification was given then it would be a fact question as to whether or not the painting charge was part of the consideration for the short term lease. You knew about it and still took the apt. and used it for the summer. Did you protest up front or did you agree to the terms? Were the terms of the lease different than her normal lease? What was the consideration for her agreeing to such a short time?Based on the answers to these type questions whould determine the answer of who gets the deposit.
security deposits
Arguments can be made both ways as to whetheror not the written unsigned agreement controls.The question is whether or not the writingaccurately reflects the oral understanding youhad with the landlord. Tecnically, you are rightabout the landlord not being able to keep thesecurity deposit because of not giving you the notice.However, in my experience whenever a tenant has sued for the return of the security deposit,the landlord has countersued for damages forunpaid rent or damages to the premises. In onecase the landlord countersued claiming my clienthad stolen some of the furniture. I have foundthat the judges usually render a ruling thatis some type of compromise. So although thefacts as you have presented them indicate youare entitled to a full refund of your securityhdeposit, there is no guarantee that you wouldwin the case.
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