Legal Question in Real Estate Law in Florida
I would like to keep my tenants security deposit for the last months unpaid rent. The lease says I had five days to let them know and I believe the Florida Statute gives me thirty days. I sent the letter after the five day window but before the thirty day window expired. Can I keep the security deposit? So is it by the lease terms or the Florida Statute?
Asked on 2/11/13, 3:42 pm
1 Answer from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Security deposit is typically for physical damages to the unit and not for unpaid rental unless the lease provides otherwise. The lease would prevail if the security is for unpaid rental and your claim may be too late. You need to show your lease to an attorney to determine its full effect.
Answered on 2/12/13, 5:14 am
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Fl 95.11, 2, c five years from when last payment or end of mortgage Asked 2/10/13, 9:10 am in United States Florida Real Estate and Real Property
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