Landlord : ezLandlordForms

c

Chris E

started a topic over 12 years ago

I had a friend sign a one year contract on a home in florida and give the Landlord a deposit. Once looking into the home she discovered holes in the walls and faulty wiring. My friend asked the landlord to retract the contract because she was worried that the home was unsafe for her and her daulter. The landlord is refusing to return the deposit. Does the landlord have the right to keep the deposit? I haven't seen the lease yet but was hoping some type of law is out there that pertects the tenant my friend. If there is a law can someone please point me in the right dirrection?

M

Molly H

said over 12 years ago

He should be have to give you your security deposit back - * Florida Statutes, Section 83.51, require a landlord to comply with the local Property Maintenance Code. This means: 1. The roof must not leak. 12. All electrical systems must be in good repair and good working order. (There were more, but took what pertained to you) * If your landlord has failed to comply with the previous listed code responsibilities, and has ignored your request to undo their unlawful action, you can contact The Code Enforcement Branch of city or county in which you reside and request that they contact your landlord and explain that their action is illegal and violates your local code. * If your landlord fails to do what the law or lease requires, you may be able to withhold the rent. You must give notice of your intention by certified mail at least seven days before the rent is due to allow time for the landlord to remedy the problem. If the problem is not corrected within seven days and you withhold the rent the landlord may take you to court to collect it. You must them pay the rent into the court registry pending the judges determination of the case. * Always call the Consumer Affairs Division in your city or county regarding your landlord/tenant rights before withholding rent!!!

k

Karen S

said about 12 years ago

I believe it does not matter, either one may be on the lease.

D

Denise S

said about 12 years ago

This can be a very tricky thing. Odd things can happen if a couple is going through divorce. It is best to have both if you both are on the deed.