Legal Question in Real Estate Law in Florida
I am being transfered, I placed a deposit down and would like it back.
I have just been notified that I am being transfered to another state for work. Unfortunaletly I placed a deposit on a location that is very popular and I had to place the deposit that day which was 1 1/2 months before me moving in. Now that I am being transfered I would like to get my deposit back. As of today they have 36 days to rent it out. What laws are there that say that they get to keep my deposit even though I am being transfered... I can understand them keeping the background check monies $150.00. But the rest I think should be returned. Can someone please give me information on this matter. What laws do I have to protect me and what laws does the apartment complex have to protect them??? Thank you.
1 Answer from Attorneys
Transferred; Deposit Refund Requirements.
FACTS: Notified being transfered to another state for work; placed deposit on apt. 1.5 months before move-in; would like to get my deposit back; complex had 36 days to rent.
Q.What laws are there that say that they get to keep my deposit even though I am being transfered? Can someone please give me information on this matter? What laws do I have to protect me and what laws does the apartment complex have to protect them?
A. Fla. Stat. 83.49 governs Deposits and refunds. However, you have a logistical problem, if the Rental Manager refuses to return your deposit. How are you going to litigate long distance? Best bet is to make a deal, if possible; if not, decide what it would cost you to travel and how much of your time it is worth before filing suit to get your money back. You have a good claim but it may cost you more than it is worth.
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