Legal Question in Real Estate Law in Florida

I rented a home for 3 Months on the water in the Florida Keys and the day I moved in, a mandatory evacuation order was made due to a hurricane and I had to leave. I spoke to the landlord a week later after the hurricane hit and he said the property was in-livable and offered to return the funds I had advanced ($17.000 for 3 Months Rent, and deposits). He now says he spent the money and does not have it to return and says I will have to wait until he receives FEMA assistance. My view is that he stole my money and is refusing to return it and it is a large sum of money I need to rent another property. I have been living in a hotel for over 3 weeks because of the hurricane, and his unwillingness to refund the money. Isn't this a crime? What can I do? Thank you


Asked on 10/02/17, 8:16 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Not likely a crime. You paid him in advance for the rental and he deposited and used the funds. The fact that it became impossible after that does not make it theft. You may want to sue to recover your funds and assert your place in line .seek some legal guidance. no easy answer for you unfortunately.

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Answered on 10/02/17, 8:45 am


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