Legal Question in Landlord & Tenant Law in Florida

New Tenant Refues to Pay Security Deposit

Dear Advisor:

Tom and I assigned a lease in Gainesville, FL in 2003, and each paid half of the deposit. Then we added Kevin as a roommate, and Kevin doesn't pay any deposit. At the end of the lease, I don't want to renew, but Tom and Kevin signed a new lease with the landlord. The landlord refuses to give me my share of the deposit back because the room is not vacated. I asked Kevin to pay me, but he refused too. Could you tell me how to get my share of deposit back?

Thank you very much in advance.


Asked on 8/08/04, 3:28 pm

1 Answer from Attorneys

Tonia Troutwine, Esquire - Corporate Transactions, LLC (A Private Law Firm)

Re: New Tenant Refues to Pay Security Deposit

The landlord must pay your deposit back to you unless he has a claim for damages against it. He has 30 days from the date you move out(or expiration of the lease term) to make a claim against your deposit. If he has not made a claim in writing then he owes you all of the money you paid for a deposit. It is his obligation, not yours to collect a deposit from his new tenant.

Best Regards,

Tonia Troutwine


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Answered on 8/08/04, 10:12 pm

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