Q: In Puerto Rico, what’s the process of returning an apartment deposit (“fianza”) and, if necessary, deducting from it?
Can I realtor keep the deposit without notifying the tenant? for how long can the realtor/landlord keep the deposit? Does the realtor need to explicitly type how the deposit will be used? Can the tenant counter offer these expenses? For example, if I know a “cheaper”, but just as good place to get it done, can I recommend it to the realtor instead of the more expensive option he/she offered? Thanks for reading, sorry for the long questions!
A: Request a copy of the lease agreement from the realtor and carefully review the sections pertaining to deposits and their return. Ensure that any conditions under which the realtor intends to retain the deposit are clearly stated in the lease or in a related addendum. This should include specific terms and circumstances under which the deposit may be withheld. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with local legal counsel familiar with contract and laws pertaining to real estate brokers and property.
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