Legal Question in Real Estate Law in Florida

i had a rental home that was in preforeclosure/shortsale mode. the new tenants knew the situation. they said they were going to try and buy the home themselves while they rented it. shortly after they moved in the bank went ahead and foreclosed even though i thought they had it on hold while we tried to get their authorization in for their offer. so now the bank owns it and they have lived their several months rent free. they are trying to sue me now for return of their $1000 security deposit. i lost my house with all the equity in it and i dont have their $1000.00 deposit


Asked on 1/17/11, 10:42 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You are in deep trouble and may be liable to the tenant for much more than just the $1000 deposit. As a landlord, you had a duty and an obligation to keep their security/damage deposit in a bank account, and to provide the name and account number where their funds were held. If they paid you rent up to the date that the bank actually took over the property, it doesn't matter than they lived there for free afterwards, as you didn't own the property. You need to come up with the $1000 deposit before they file an action against you in court.

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Answered on 1/22/11, 3:15 pm


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