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 of a proper consultation with a qualified attorney. You should not act upon this Information alone, but should seek legal counsel prior to taking any action.
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.
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.
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