Legal Question in Real Estate Law in Florida

Refund of Security Deposit & Four Corners

I signed a note with a tenant on a preliminary walk-through after his tenancy. On the note, some items were mentioned with needed fixing--No dollar quotes were given, because they were not available. I also indicated that I would refund the deposit, after the 15-day inspection period per FL law. They now say that due to ''four corners'', I cannot charge them any additional charges. Is this so? Do I have a chance in court?


Asked on 1/31/02, 5:23 pm

4 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Refund of Security Deposit & Four Corners

Your question is unclear. Please call my office or revise your e-mail and send it again. Is there a lease agreement? What does the "note" say and was it signed, and, if so, who signed it?

Regards,

Peter A. Gonzalez

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Answered on 1/31/02, 5:43 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Refund of Security Deposit & Four Corners

Without seeing the document it is not possible to reply in a meaningful manner.

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Answered on 1/31/02, 7:17 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Refund of Security Deposit & Four Corners

I agree with the other attorneys who responded that it is necessary to view the instrument in order to render an opinion. It is important to note, however, that Florida Statutes Chapter 83 were amended to provide that the Landlord has 30 (rather than 15) days in which to return a security deposit if a claim is made. Notice must be given by registered mail to the last known address of the tenant and the balance of the security deposit must be paid within the 30 day period.

I suggest that you meet with a local real estate attorney with all pertinent documents to review the specifics of your situation.

Scott R. Jay, Esq. 305-249-8000

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Answered on 1/31/02, 7:54 pm
Robert Cohen Cohen & Kendziorra, P.A.

Re: Refund of Security Deposit & Four Corners

Without looking at the contract, and knowing more specific details, any advice I would render would be pure conjecture. It is best to speak with an attorney in his office and show him the documents at issue. Best of luck

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Answered on 1/31/02, 8:33 pm


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