Legal Question in Real Estate Law in Florida

Re: No guarntee for apt. with a deposit.

Are you sure that you aren't talking about an application fee and not a security deposit. Otherwise, I am confused. Why would you give them a security deposit if they were not going to guarantee you the apartment? If they refused to lease you the apartment ,then they must refund the security deposit. Have you requested in writing that they refund the security deposit? If not, then do so. Send them a letter by certified return receipt mail. Keep a copy. Did you ever sign a lease for the apartment?

With this type of lawsuit, if it should come to that, the court may order the landlord to pay your attorney fees.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. I would be happy to meet with you.

Good Luck, Elliot Jay Goldstein (offices in Tampa and St. Petersburg)

Re: No guarntee for apt. with a deposit.

Under Florida law, the security deposit must be returned if the landlord fails to provide you with the apartment designated under the lease. Write a letter and send it via fax and certified mail (return receipt requested, and keep a copy of it), demanding the return of your security deposit. If you don't get it back within 15 days, seek the advice of an attorney with experience in landlord-tenant disputes. If you are forced to pursue your claim for the security deposit, Florida law may entitle you to recover all of the fees and costs incurred in connection with your claim against the landlord. Good luck.