I have a month to month tenant, (1 year lease expired in Feb 2009). She gave me notice 3 days before September rent was due that she was moving. She told me to use the security deposit as last months rent and did not pay me for September. She asked me if I had saved the security deposit in a different account. I did not and I had to use it. It’s duplex and the front house was empty for 5 months. I am wondering if I had to put the security deposit in a different account – and if so how would this affect me if I take her to small claims court? She has 3 dogs and 2 cats and I know there will be some repairs that I will have to take care of.
The security deposit is not yours to use as you see fit. Unless there is a written agreement to the contrary, Fla.Stat. 83.49 provides that you keep the deposit in either a separate interest bearing account or non interest bearing account and do not “…commingle those funds with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord.”
In addition, failure to abide by the provisions of Fla.Stat. 83.49 waive your right to make any claim on the security deposit.
Philip Duvalsaint
Philip A. Duvalsaint, P.A.
6574 North State Road 7, # 131
Coconut Creek, FL 33073