Legal Question in Real Estate Law in Florida
My husband and I were in a house lease for a year. We put down 1500.00 for damage deposit. My husband passed away suddenly. I informed the landlord that due to my husband's passing that I could no longer afford to lease his house. I gave him 6 wks notice and paid for the last month I was there. The landlord is refusing to return my damage deposit. Does he have legal standing to keep my depoist?
3 Answers from Attorneys
The terms of the lease agreement will determine whether or not the landlord may retain the security deposit. Most lease agreements provide that the landlord can apply the deposit to any unpaid rent due and owing under the lease.
You indicate that it is a damage deposit. If the agreement is consistent with your wording, you may have a claim for at least a portion of the deposit.
I need a little more information to complete answer your question: how much time was left on the lease term? A review of your lease will also be helpful.
The answer to your question is in the lease agreement. There is free information on Florida landlord-tenant law available at: http://www.800helpfla.com/landlord_text.html
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