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  1. #1
    Join Date
    Feb 2006
    Location
    florida
    Posts
    5

    Default Refund Of Security Deposit When No Lease Was Entered

    I live in the state of florida and I put up a large security deposit when I was looking for rental property. The landlord said that I had to put up the security deposit before he would process the application. I received a reciept from him for this deposit. I never signed a lease. Three days later, I found another apartment and called him to tell him I did not want that apartment. He refused to retun my deposit and it was Florida Law that he could keep my deposit. I never signed a lease or moved into that apartment. Do I have any legal recourse and what are the laws covering this type of situation.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Did you enter into any written agreement at all?

  3. #3

    Default

    It sounds like you filled out and signed an application but did not sign a lease. If you did not sign a lease agreement, then he has to give you back the deposit. You can file in small claims court.

    Here are some revelent provisions. Note the one about attorney fees. I would absolutely take him to court. Next time get everything in writing.

    83.45 Unconscionable rental agreement or provision.--
    (1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.
    (2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.
    (c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.


    http://www.megalaw.com/ fl/flstatutes.php? Mode=Display_Statute &codelink =@Search_String= @URL=Ch0083/SEC49.HTM@Title=-> 2005->Ch0083-> Section%2049# 0083.49

  4. #4
    Join Date
    Feb 2006
    Location
    florida
    Posts
    5

    Default

    Thanks for your replay. I only filled out a rental application and DID NOT fill out or sign a lease.

  5. #5
    Join Date
    Feb 2006
    Location
    florida
    Posts
    5

    Default

    No I did not enter into any written agreement. I only filled out an application.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    What, if anything, does the application say about the deposit?

  7. #7

    Default

    Even if the application had something on it about them retaining the deposit he would have a good chance at getting it back if the facts are as posted. Usually all they can charge is a small amount for doing the credit check etc. A court is likely to make them refund a "sizeable" deposit. Based on the post I doubt he was given a copy but that is reading between the lines.

    He will have to file suit or have an attorney write them a letter. Otherwise just chalk it up to experience.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Agreed that he may be able to get it back either way, but he's probably in really good shape if the written agreement is silent on the issue.

  9. #9
    Join Date
    Feb 2006
    Location
    florida
    Posts
    5

    Default

    The application had nothing about the depoist.

  10. #10
    Join Date
    Feb 2006
    Location
    florida
    Posts
    5

    Default

    The application had nothing about the deposit. Just the normal info....personal, job info, references.

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