Legal Question in Real Estate Law in Florida
Non-Refund of Tenant Security Deposit
My tenants just moved out (of a single family home) after a 1 year lease. When they moved in they signed an addendum specifying that they would install flooring in one of the rooms. Although I lowered the monthly rental amount, that was not included in the addendum, can I specify that in the letter regarding non-refund of their security deposit?
THANKS!
1 Answer from Attorneys
Re: Non-Refund of Tenant Security Deposit
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The security deposit is to ensure the faithful performance and adherence with the lease terms. If you failed to put this arrangement in the lease addendum, it would be up to a judge to determine whether or not withholding the security for failure to install the flooring would be a valid deduction. It will probably be determined by the exact langauge of the lease and addendum. You should meet with an attorney to review the instrument who can then give you speciic advice about your legal rights and obligations.
Scott R. Jay, Esq.