Return of Deposit FL

kendoeJanuary 15, 2012

I inspected an apartment and wanted to rent it. I put a $750 deposit and agreed that I would pay the first months rent of $750 when I was going to move in. The place was really bad and needed paint and repairs that I was going to perform. That's why the deposit was up front so the landlord would give me access to clean and paint. I asked if the property was in foreclosure and was told NO it was not.

I did some research and found that in fact it was in foreclosure since Sept. 2009. I contacted the landlord and told him I did not want to rent the unit based on the misrepresentation of the state of the property. He was upset but agreed to return my deposit.

I never signed a lease or rental agreement.

Well he wont take my calls and wont reply to my emails and has not returned my deposit.

Am I due the deposit back? Can he keep any of it? How can I pursue this properly?

Thanks for any help!

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I would think you SHOULD get it back, but I don't think you WILL get it back, sad to say. I'm sorry....... Probably your only option is small claims court IF he has any assets besides the foreclosed property.

    Bookmark   January 16, 2012 at 1:07AM
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Small claims court is likely to be your only option.

    Bookmark   January 16, 2012 at 10:33AM
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If you decide to go to Small Claims Court, start gathering information on any assets/income he has ASAP. You may have to file liens, garnishments or other remedies available in your jurisdiction.

    Bookmark   January 18, 2012 at 6:27PM
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