Is my security deposit for a residential lease ($1000.00 ) discharged under my Chapter 7 Bankruptcy case?

Asked 10 months ago - Palm Coast, FL

I paid a 1000.00 security deposit on 9/01/2012 for my rental lease. ( Held by property manager )
I filed Chapter 7 bankruptcy on 8/9/2013 and listed the deposit and landlord in my bankruptcy . I then moved out of the residence on 9/1/2013 owing 975.00 in back rent
My bankruptcy discharge was granted on 11/13/2013 and was never contested at meeting of creditors . Does the property manager have to refund my security deposit ?

Attorney answers (4)

  1. Richard Allan Heller

    Contributor Level 13


    Lawyers agree

    Answered . A security deposit is not advance rent and cannot be used by the landlord as such. It is collateral held in case you damage the property. Florida Statutes have very specific rules regarding the retention of a security deposit by a landlord. If the landlord follows the rules, then the landlord may have the right to keep it. If the landlord failed to provide the written notice making claim to the security deposit pursuant to Florida law, then you should be able to claim it. Also, you should have listed the deposit on Schedule B of the bankruptcy petition.

    The response given is general in nature and based upon limited information. It does not and cannot replace that... more
  2. Jeffrey David Solomon

    Contributor Level 11


    Lawyers agree

    Answered . The landlord does not have to refund your security deposit because of your bankruptcy. A bankruptcy discharges or eliminates your debts. The landlord is holding your asset as security or collateral for possible property damage or for the last month's rent.

    Jeffrey Solomon
    Law Office of Jeffrey Solomon
    3864 Sheridan St.
    Hollywood, FL 33021
    Ph: (954) 967-9800
    Fax: (954) 963-2227

    The questions and answers posted on AVVO are for general information and should not be treated as legal advice or... more
  3. Matthew Scott Berkus

    Contributor Level 20


    Lawyers agree

    Answered . As Richard points out, this question is an answered by Florida landlord-tenant law. The bankruptcy, actually, has nothing to do with it. The answer lies in your lease agreement and Florida law as to when, and how much, a landlord can retain a security deposit.

  4. William Joseph Kopp Jr.

    Contributor Level 12


    Lawyers agree

    Answered . If you listed it in the right schedule and exempted it correctly, you should be able to keep it.

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