Legal Question in Real Estate Law in Florida
Landlord cancellation and ablity for tenant to recoup deposit
In Oct, I paid $550 deposit for an apt that would be built (new) in Feb. In Dec., the apt mgr called to tell me that the building did not pass "inspection" and the apt would not be ready until April. I was asked if I'd like to cancel the contract and I said yes, I couldn't wait that long. It is now Jan 25 and I still have not received my deposit back despite numerous calls. I also have, in writing, that I was not to be chared the $50 "application fee." If I receive less than $550, on what grounds can I demand the entire deposit back?
1 Answer from Attorneys
Re: Landlord cancellation and ablity for tenant to recoup deposit
One would need to study your agreement. If the
deposit was given in exchange for a promise from
the other party and the other party broke that
promise, you would have a breach of contract
cause of action.