Landlord Question and Answer Forum

Location: Florida Poster: Property Manager The Tenant wanted the house held until August 1st. They filled an application on July 03, and signed a Lease on July 06. I collected the Deposit as a Money Order on July 10th with first months rent due at move in. On July 13th, the tenant informed me by phone that they wanted to break lease. The owner wants to keep 900 of the deposit to cover lost income for holding the home through July. The tenants want the full amount back. The lease made no mention of what would be done with the deposit if lease was broken prior to move in. Can the owner refuse to return the full deposit?

This is one of those gray areas....a deposit is used to make sure a tenant fulfills his obligations. The fact that the tenant signed a lease with the FULL intention of moving in - obligates him to fulfill the lease. If you were to furnish another tenant on August 1, depending on the judge, you may have to refund the deposit. But if you have not gotten a tenant to replace this one until after, then it seems to me that you would be entitled.

Posted by Donna , NC on Wednesday, July 15, 2009

That seems fair to me as well, however, the owner wants the deposit for lost income in JULY. Since the property was HELD, with intent to lease in AUGUST. Even if I fill the property in August, the owner wants to retain part of the deposit.

Posted by Ezequiel L, FL on Wednesday, July 15, 2009