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Can I get my money back? Legally?

Plantation, FL |
Filed under: Landlord-tenant law

Landlord does not want to refund the monies given for apartment, 1700. Move in day comes along the apt is still not ready as promised few weeks before I still move in my stuff, then the next day move everything out it hasn't been a week can I get my money back? Lanlord is only offering me 425.00 pf the 1,700

Attorney Answers 3


  1. I am attempting to understand the facts. You had a move in date, but the apartment wasn't ready. Then the apartment was ready a few weeks later, at which time you moved in. But then you moved out the following day.

    If these are the facts, it appears you accepted the premises on the day you moved in. You are liable for the rents you agreed to pay. If the landlord is able to "mitigate" his damages by renting out the apartment to a replacement tenant, you may receive some refund.

    The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.


  2. I too am having a hard time understanding the facts. Can you clarify when the apartment was supposed to be ready, when you moved in, when you moved out, and specifically why you moved out. I would be happy to provide further comment.

    The information contained in this answer is not,nor is it intended to be, legal advice. Please consult an attorney for information related to your specific situation. Further, this answer does not form an attorney-client relationship between the attorney and the individual(s) or entity requesting information.


  3. It is a little difficult to say. There are a number of issues that you need to review with an attorney. First is why did you move out? Second is what was your lease agreement? What were its terms on the deposit? Without more information, it's really not possible to give good advice.

    You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

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