Applying pre-paid rent towards a non-refundable deposit?

[stephdej2]

Hi there. I have rented an apartment, but due to a sudden illness, I can not move-in when I was supposed to. I paid a deopsit of $250, as well as pre-paid my rent for March & April. I have not moved in, and the complex is telling me that they will only refund my rent I paid if I allow them to apply $300 of my pre-paid rent towards my deposit. here's the best part- they are going to make my entire deposit non-refundable! I've paid $1037.88 in actual pre-paid rent. Can they do this? I know that I have forefitted my deposit, but can they keep rent and put it towards a deposit?

Also, if they can not, does anyone know what statute I can present this to them with? I'm sure I will need legal proof they can't do this.

 

[Gail_in_Georgia]

What state did this occur in?

Did you sign a lease and if so, what is the length of the lease?

Gail

 

[stephdej2]

Florida. The Lease was not signed since I did not move in. I only signed the application, and the only clause in it is that they can keep my deposit.

 

[Gail_in_Georgia]

The issue of a deposit typically falls into two categories...was this a "holding fee" (i.e., a fee to guarantee that you'll take the unit) or a "security deposit" (which is a fee to cover any damages when you vacate the unit at the end of the lease).

"Holding fees" are not returned if a tenant does not take the unit while a security deposit is typically returned.

In the absence of a signed lease, a tenant is considered to have a "tenancy at will" or be a "month to month renter"; i.e., the length of their lease runs from the first day of each month to the last day.

Termination of such a lease in your state can be done by sending a notice IN WRITING at least 15 days before the end of the lease period (for example you'd send a notice by March 16th to terminate the lease by March 31st).

See attached under "termination of lease":http://www.weblocator.com/attorney/fl/law/resreal.html

In your case, management could keep your rent for the entire month of March (because we are now past March 16) and (if you haven't notified them in writing) for April also but should return your deposit UNLESS this was specified as a "holding fee".

I hope this makes sense.

If you HAD signed a lease (say, a year lease), it could have been worse; they could have made you responsible for all the remaining months your lease until the unit could be rerented.

Gail