Legal Question in Real Estate Law in Florida
I had six months to pay my security deposit, I didn't pay it yet because I had arrangements with the land lord about fixing the property before i gave him the deposit. The six months was up last month, I payed this months rent and put in the memo box of the check "Decembers Rent" and today I received a three day notice because the land lord is now saying that the check i gave him was for the deposit and now I'm late on the rent. My questions is can you be evicted for not paying the deposit because I can prove the check was for the rent not the deposit?
3 Answers from Attorneys
You can be evicted for failing to comply with the terms of your tenancy. I would be interested to know if any of your "arrangements" including the lease are in writing. I'm sure you know that it is customary to give the LL a deposit before taking possession of the property. It matters what repairs you are talking about, and if they are either required by statute or required by the lease. It also matters whether the LL's notice complies with FL Statutes. There is free information on FL landlord-tenant law available at http://www.800helpfla.com/landlord_text.html.
You can be evicted for not paying the deposit required by the lease.
Did you put your arrangement in writing? If not, you have no proof - it will be your word against his, and he has a signed lease that required you to pay it.
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