Legal Question in Real Estate Law in Florida
Security Deposit
I put a security deposit down to hold an apartment while my application was being reviewed. A time of one month passed before my application was approved. Upon approval, I cancelled my application within 72 of being approved. No such agreements were ever signed pertaining to lease. The apartment management is stating that I had three days to cancel upon handing in my application and security deposit and is refusing to hand over my security deposit.I live in the state of Florida and I would like to know if this is legal. Would you recommend I take this case to small claims court. Thank you for your time.
2 Answers from Attorneys
Fl. Security Deposit
In Fla. litigation over a deposit allows the prevailing party to recover attys.' fees and costs as well as the deposit. If you lose, then you pay fees and costs. The wording in the deposit agreement is very important. The Fl. Statute says a Landlord must give you Notice of Intent to take your security deposit within 15 days by Certified Mail. If landlord doesn't, then you are entitled to full refund plus costs and atty. fees, if you have to go to court. It is critical to read you deposit agreement and see how the money was treated. Query: Why did you wait so long to notify the landlord that you were no longer interested? Landlord incurred time and expenditure of money in checking you out. Call and offer to compromise for a partial refund.
Re: Security Deposit
It depends on what your agreement says about the
deposit and all the other facts and circumstances
concerning your particular situation. Make an
appointment to see an attorney experienced in these
matters. If you have a good case, the attorney
may take it on a contingency basis.
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