Legal Question in Real Estate Law in Florida

Security deposit

A couple gave my husband and I a deposit for $1000 (one month's rent plus $150 pet deposit) and a verbal agreement that they would move into our house if all the damages form the previous tenant were repaired by August 14. When we called them on August 7 to tell them the house was ready, they backed out, and are now requesting their deposit back. I have turned away several other prospective renters because this couple gave us a deposit. If I return their deposit I am left high and dry for the month of August, with no rental income to cover my mortgage payment. Am I entitled to keep the equivilant of one month's rent, and return it to them prorated ONLY if I am able to rent it before the first of September? I can see returning the pet deposit, but they broke a verbal contract so I feel I should be able to keep the $850 rent.


Asked on 8/07/02, 5:27 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Security deposit

You should have had a written agreement, not a verbal one, especially when it concerns any interest in real property. Try to work out a compromise with the prospective tenants that backed out of the deal based on the points you raised in your question. However, given the facts presented (and the money at issue), it is not worth getting into a heated court battle. Good luck.

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Answered on 8/07/02, 5:30 pm


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