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I am disputing a partial security deposit refund. If I cash the check, am I agreeing to the refunded amount?

Lake Worth, FL |

I asked for a walk through at the end of my lease and was told that "no walk thru is needed" and now I have received a check for the security deposit that is only part of the deposit. I am disputing the deductions. No receipts were sent nor was I told previously of any damages. The landlord would not give me a walk through after I asked for one on several occasions. If I cash the check, am I agreeing to the partial payment as payment in full? Also in the letter explaining why he is keeping the remainder of the deposit, he wrote this sentence.. "This letter serves as a Hold Harmless Clause meaning that you as the tenat and we as the owners hold each other from harm of the property" and then he and his wife signed it. Am I bound by that statement if I did not sign it?.

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Attorney answers 1


Answering in reverse, if you do not sign the hold harmless clause you are not bound by it. As to the security deposit, in Florida the general rule is that cashing the check does not mean you are agreeing to partial payment. Check your lease, though, and make sure it does not have a sentence that says that by accepting the check you are agreeing to the amount. Most leases don't say that, but it sounds like this landlord is tricky, so double check the security deposit provision in the lease before you cash the check.

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