Your friend is withholding two months of rent. One for this month and one for next month. I'm sure her situation is unfortunate, but she probably could have walked from the lease and recouped some of her security deposit if she didn't pull the juvenile stunt of having the security deposit applied to the final TWO months rent. Has she caused any damage to the property?

If I were the landlord I would begin eviction proceedings immediately to regain possession of my property. He should be able to get her out in 30 days, which will give him the remainder of May to find a suitable tenant and make any repairs. I'd also request a judgment in the amount of the two months of unpaid rent, plus late fees, plus damages (minus security deposit) and file that judgment if granted. The court costs are probably justified in this situation. Plus, the recorded judgment will provide a warning to any future landlords who are considering your friend as a tenant.

If I were a friend giving her advice, I'd tell her to move into a new place immediately before the landlord takes action that will cloud her public records.

Paul, when you write your lease agreements do you allow the tenant to not pay the final two months of rent in lieu of the security deposit?

I know I sure don't.

If the landlord does not return the deposit within the time specified in the lease the tenant has recourse via the courts. The ability of the tenant to pay for court costs isn't even a factor. The lease should clearly spell out how the security deposit will be reimbursed. It isn't the landlord's responsibility to respond to security deposit questions that are clearly stated in the lease. This is nothing more than a tenant who can't afford the rent anymore using an unfounded excuse that will never hold up in court.

Represented the tenant on a rental (also a friend) 3 years ago. $3,000 was required as a security deposit. This final lease ends next month. Tenant advised landlord that she would not re newing lease due to lose of her job.

She inquired about the security deposit and landlord refused to respond. She has not paid her rent this month due to landlord holding more than enough to cover last mths rent. She is aware that she is breech on her contract.

Landlord has advised she has yet to pay April's rent and that he will keep deposit as a result. In addition, he is claiming she was a few days late each mth over the past year and will deduct each mths late fee from deposit.

Due to landlord showing refusal at even attempting to work with her and returning security deposit she does not wish to pay rent this mth and planning to move out the 1st of next mth. Lease expires end of May.

As an agent, I would advise her to remain in her legal lease. As a friend I'm not sure what to say to her?????

That behavior from a landlord who is also an attorney is no great surprise. He knows since he is an attorney it costs him nothing to use the court system to screw his tenants.

Shana,

Not fishing for legal advice. More so, just opinions from fellow agents! Again, this is a friend and was just curious of others experiences relating to landlords refusing to return deposits. I always find it odd when other agents are harsh towards one another when posting for advice or opinions. We are all in the same industry...........why not be nice?????

I for one learned I was VERY naive since FL law states landlords are to keep security deposits in a separate account and cannot mix those funds.

I phoned another friend that is a property manager for over 50 properties. Was shocked to learn from him that he NEVER gives tenants back deposits. He advised there is always a way to claim those funds from repairs, lack of proper notice ect....He basically stated, he knows tenants do not have the resources to fight it in court so does not concern himself with it. He is a class act, so was really shocked that this was the norm in the industry! Again, I did say I was naive on this matter!!!