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Who keeps the security deposit after a death?
My father rented a condo for several years in Florida. He passed away in August. I notified his landlord within a week of my fathers death. The landlord said he owed me the deposit back in August . Now he won't return my calls. I called the realtors that handle his condo and they emailed him. He emailed back that his lawyer said he could sue the estate for the remaining months on the lease, but he was going to let me off easy, and just keep my dads' deposit. Is this kosher? Thanks.
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Well, in CA this is illegal. The death voids all contracts and the deposit is part of the estate, to be returned to the heirs. Unless your dad had not paid the last month's rent he owed before death, there is no legal basis to even argue holding the deposit (again, CA). So, assuming there is no damage to apply the deposit to, and assuming that past rent was paid, the deposit should be returned to the heirs. I recommend you research your state's housing laws (available online) surrounding deposits, and then take landlord to small claims court if FLA law is like CA law. Sue for the deposit, interest for the time it was illegally held, court costs, and the maximum in damages (punitive damages) for the landlord being a jerk. |
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