What happens deposits when tenants does not want to sign landlord's lease agreement?

Asked over 1 year ago - Miami, FL

there is nothing signed, and tenant deposited to hold rental property and take off the ads.
landlord solely prepared lease agreement, and tenants do not "like" the lease agreement (no illegal clause in lease agreement)

is deposit nonrefundable when tenant refused to sign lease agreement? thanks

Attorney answers (3)

  1. Paul S Vicary

    Contributor Level 11

    2

    Lawyers agree

    Answered . I agree about returning the deposit. It is not uncommon, however, for such deposits to be kept. The rationale is that the property is taken off the market, thereby causing the landlord to potentially lose a month's rent. Many, indeed have contracts to lease which provide for this situation.

    Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an... more
  2. Sean Patrick Lewis

    Contributor Level 17

    3

    Lawyers agree

    Answered . I presume that they didn't get a copy of the lease agreement at the time they gave you a deposit?

    Honestly, I would give them back their deposit. Their deposit is provided in good faith, before seeing your rental agreement. If there are one or more terms that aren't common practice and that they feel are objectionable, it is going to cost you more money and time than its worth if they decide to fight you for the money.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  3. Rex Edward Russo

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Unless you have something in writing stating that the deposit is non-refundable, and even better including a statement as to why (i.e. because unit is being taken off the market immediately pending completion of the signed lease as presented), I don't see any basis to keep the deposit.

    The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many... more

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