Legal Question in Landlord & Tenant Law in Florida

Can i keep security deposit..If?????

I rent a room for 6 months and then we renew the contract verbaly but the tenant give 15 days notice advise than she is going to live.. i should give her full deposit or just half?

thanks


Asked on 11/25/07, 9:13 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Can i keep security deposit..If?????

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You did not make the fact pattern clear. If the lease was a month to month, then all that is required is a 15 day notice before the next month's rent is due. If it was a lease for 6 months then additional notice might have been required but Florida Statutes 83.57 does not speak specifically to a 6 months lease. Without a written lease, it may be hard to prove the term. From a practical standpoint, it may be wise to simply return the deposit if there is no other problem rather than have to face any legal action for the return of the deposit.

Scott R. Jay, Esq.

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Answered on 11/26/07, 12:21 am


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