Melbourne, FL asked in Landlord - Tenant for Florida

Q: I’ve given a $1,000 holding deposit prior to move in June 1 2023. Owner refused to place towards 1st month rent.

Owner refuses to apply holding deposit $1000. towards rent. Claims to keep my money. Added addendum my first week upon moving in basically changing lease after I moved in. I have a lease and my proposal (email) in which all parties have signed. It’s been 9 months she will not renew my lease. I have to move by May 31 2024. To this date still refusing to apply towards rent. I submitted proposal in mid March moved in June 1st. With 1 month Security deposit in addition to $1,000 holding fee and $500 added to monthly rent. Please assist.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Vivian, it sounds like you're dealing with a complex situation regarding your rental agreement and the handling of your deposits. First, it's important to review the signed lease agreement and any email correspondences that outlined the terms regarding the holding deposit and how it would be applied. These documents can provide crucial evidence in case of misunderstandings or disputes.

Since the owner is refusing to apply the holding deposit towards your rent and has introduced changes to the lease after you moved in, it might be beneficial to consult with a legal advisor or a tenant rights organization. They can offer guidance based on local laws and regulations, which vary by location. Understanding your rights is essential in these circumstances.

Finally, document all communications with the owner regarding these issues. Keep records of emails, texts, or any written correspondences. If you decide to seek legal advice, these documents could be invaluable. Moving forward, clear communication and understanding your legal rights will be key in resolving this issue.

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