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?

Asked on 1/25/00, 1:04 pm

Randall Reder Randall O. Reder, P.A.

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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.

Answered on 1/26/00, 11:29 pm

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