Legal Question in Real Estate Law in Florida

return of deposit

i moved out of my apartment when my lease expired.due to my error my last rent check was nsf as a result i told my landlord that i would get a money order to pay the rent.she then called my and told me that my 200.00 security deposit was forfieted. i want to know if this is legal for them to keep my deposit like that.they are also threatening to send the nsf check to the DA office.i have lived there for 5 yrs

trouble you think that i am being treated fairly...

Asked on 4/04/02, 10:26 am

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: return of deposit

The terms and conditions of the lease agreement may permit the landlord to apply your security deposit to unpaid rent, but without reading the lease it's impossible for me to know. The lease may require the landlord to first provide you with notice before taking part or all of the security deposit.

As concerns the threat of criminal prosecution aimed at getting you to pay the balance of the unpaid rent, the landlord should know better. That is unlawful. Seek the advice of counsel and good luck.

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Answered on 4/04/02, 11:22 am
Greg Snell Rice Rose & Snell

Re: return of deposit

The landlord has to give a certain notice by writing to make a claim on your security deposit.

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Answered on 4/09/02, 7:15 am

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