I paid a deposit received a key to what I thought was going to be a newly remodeled apt 1/27/17 I quickly realized after turning the key that the apt had many issues and wasn't up to par even had things that belonged to the previous owner left in it even threatened by a neighbor after unknowingly parking in a reserved parking space I asked for my deposit back being no lease was signed the landlord then said she fix everything and apologize for the confusion I still wanted my deposit back she refused here we are 3/2017 nothing has been fixed a/c is constantly going in and out since I moved in I stated to her that I will report this to city code if she does not fix the issues at hand yesterday 3/30/30 she texted me saying she has gotten complaints of disturbance from neighbors and if I don't vacate the premises that she will be going thru with an eviction Monday April 3rd or sign a letter of intent to move by Friday 4/7 and she will refund my deposit after she does a wsl through of the hideous apt she rented to me in the first place is this legal? Should I just side the letter and move? helppp. Please
The law in Florida has various notice requirements that both tenants and landlords must comply with in order to preserve their rights. Under the law, you have the right to send notice to the landlord of defects in the property. The landlord also has notice requirements if there is an intent to have you leave. You are best served by retainer an attorney with experience in landlord-tenant law to help you navigate through this situation.
I'm not sure if you will find a lawyer here on line who will advise someone to sign something without seeing it first (along with anything else you may have signed). Having not signed a lease, nor paid rent, and not being sure if you have actually taken possession, even your status is in question. So I agree, in this case you should take all your papers and go in for a consult with a good local tenants attorney.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
Well first you should have done a walk-through before taking the keys/possession, it amazes me people still rent and never have stepped foot in the unit. Second, you took possession so there are no "backsies" to get out of it, at the lease you are a month to month tenant. If you wanted to terminate your month to month tenancy you had to give 15 days before rent was due. Landlord has 15 days if not making a claim or 30 days if making a claim on it from the date you actually move out to refund your deposit. There is no law landlord has to refund the deposit before those dates per statute. I would move out frankly and use an attorney next time before creating another legal mess for yourself.
WE WILL NOT AND CANNOT GIVE FURTHER FREE LEGAL ADVICE AND WILL REFER YOU TO LEGAL AID IF YOU CANNOT AFFORD A LAWYER. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline