[floridalover]

We put a security deposit down on a rental, choose not to rent next year and the landlord gave back the 1/2 month rent but not the refundable security deposit. Since this is a private owner, Is there anyone in The Villages that can help get our $1000.00 deposit back.
Didn't know if The Villages had any standards for private owners to go by

I read my lease again and discovered that what had happened was I had paid 1/2 months rent and that was refunded. The security was to be paid by us when we sent the final payment in 90 days before arriving. So I did receive all my money. Thanks for your answers. This is a great web site.

Thanks Again,
Floridalover

[l2ridehd]

Read your lease agreement and see what it says about the deposit. In my lease I spell out the security deposit and how it is handled.

Up to 60 days prior to the rental start dates I will refund 50% of the deposit and try to rent the property. If successful in renting I refund the remaining 50%. If not I retain the 50% of the deposit and will let prospective tenant apply it to future rent of either of our homes up to two years. If less then 60 days from rental start date I retain 100% but again let it apply to future rentals if I am not able to rent the property. If I am able to rent it I refund it all. All the terms are spelled out in the lease agreement. Remember the deposit removes the property from the market so the home owner loses the opportunity to rent the property.

I try to set it up so it's fair for both of us. My lease is used by several other home owners, but I am sure there are many different types of leases owners use. Your best tenants are those repeat renters so I try to be as fair as possible to them. When you cancel, the owner incurs additional cost of advertising and may or may not be able to rent the home.

[spk7951]

I would also suggest you check the rental agreement to see what it says about cancellation. I can not speak to how folks handle rental cancellations in TV but we did have a vacation rental home in FL a few years ago. While we handled all the rental agreements our property manager was adamant about making sure we had a cancellation clause in the agreement. Our clause stated rent was due 45 days prior to check in. In case of cancellation within 30 - 45 days we charged 1/3 of the rent and less than 30 days was 1/2 of rent. Thankfully in five years we never had to deal with that.

[Hunt Law Firm]

If you have a written lease, it may dictate what will happen to your security deposit upon you vacating the premises. For example, if your lease has a non-refundable security deposit you will likely be out of luck.

In the event you have no written lease, or in the alternative have a written lease that fails to address the security deposit, then the security deposit you have put down is yours, not the landlords. If the landlord intends to impose a claim upon your security deposit, the landlord is required to give you notice within 30 days written notice by certified mail of his or her intention to impose a claim on the deposit and the reason for imposing the claim. If the landlord fails to give the requisite notice within the 30 day period, he or she forfeits the right to impose a claim upon the security deposit.

If you as the tenant fail to object to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice, the landlord may then deduct the amount of his or her claim and remit the balance to you.

In the event either party institutes an action in court to adjudicate the parties right to the security deposit, the prevailing party in this litigation is entitled to attorney’s fees and costs.

Florida Statute 83.49 addresses residential landlord security deposits.

Other often ignored portions of this statute by landlords is the requirement to keep the security deposit in a separate account (most landlord’s commingle the money in their personal account) and also the requirement to notify the tenant where the security deposit is being held.

I am not sure why your landlord gave you back a portion of your rent and not any of your security deposit. I am also unaware of any standards set by The Villages.

A letter to your landlord informing them of your rights as a tenant and their exposure to paying your attorney’s fees may go a long way towards you getting your deposit back.

If I can be of any further assistance with your situation, I would be glad to help. I can be reached at (352) 365-2262.

ASHLEY S. HUNT, ESQ
HUNT LAW FIRM, PA