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sg1low · Apr 27, 2008, 12:35 PM

The monthly rent in the wrong place! (I know I know, how stupid I feel) but here's the question, I put in the deposit amount (which was a months rent) , I put in the holdover amount (which was the monthly rent) Can she sue me to get her deposit back since I put it in the holdover spot instead of monthly rent?
I have re-rented but lost a 1/2 month, plus had to re-advertise for a total of 290$ the unit after she breached the lease. I told her I would give her the remainder minus the 1/2 month and the 290$. Do I still have the right to just give her that amount and not the total deposit?
Thanks

JudyKayTee · Apr 27, 2008, 01:32 PM

[QUOTE=sg1low]the monthly rent in the wrong place! (I know I know, how stupid I feel) but here's the question, I put in the deposit amount (which was a months rent) , I put in the holdover amount (which was the monthly rent) Can she sue me to get her deposit back since I put it in the holdover spot instead of monthly rent?
I have re-rented but lost a 1/2 month, plus had to re-advertise for a total of 290$ the unit after she breached the lease. I told her I would give her the remainder minus the 1/2 month and the 290$. Do I still have the right to just give her that amount and not the total deposit?

She can sue you if the terms of the written lease are violated. It's what you both signed, not your intent (unless it's a truly outrageous mistake). What does the lease say and are the terms violated?

scri8e · Apr 27, 2008, 02:30 PM

This maybe another State specific legal question and answer.

IF the "holding document" was titled and named/called a holding fee and not a holding deposit and was a separate document which it sounds like it is neither.

In CA you could keep the holding $ and prorate the 1/2 of a month.

In CA all $'s are considered Security deposit/s
And all security deposits are 100% refundable unless they meet certain criteria.

Only exception is when the holding document is
Stated as a holding fee. This is holding up in CA courts for now but may not hold up for long.

Other states as long as it is called a
"holding fee" and NOT a "holding deposit" the courts are having no problem with allowing that fee be legal for the Landlords.

Your mileage may vary...

sg1low · Apr 28, 2008, 06:20 AM

She breached the lease and now is saying I am holding her deposit illegally and sent a letter saying she will sue me for 3 months rent. I am sending her a certified letter stating that she breached the lease and I am keeping as damages the 1/2 month I lost + the readvertising. How can she sue me?

ScottGem · Apr 28, 2008, 06:29 AM

First, in Florida (as in most states), you have a time after the tenant has vacated, in which you either have to return the deposit or an accounting of what the deposit was used for. If you complied with that, then she can sue you in protest of the reason you withheld the deposit, but not over non compliance with the law. However, if you did not comply with the law, then it doesn't matter what the reason is, you will lose.

What I would do is tell her that is she sues you will countersue for damages incurred because she broke the lease. This includes any unpaid rentals and the cost of finding a new tenant and preparing the apartment for them.

sg1low · Apr 28, 2008, 08:51 AM

Thanks so much guys!

scri8e · Apr 28, 2008, 09:03 AM

Sounds like you didn't do an itemized accounting of what the security deposit was applied to.

By what you posted it also sounds like you called the holding $ a Holding Deposit.

What happened here? You took a holding fee of ?
Then you signed a rental agreement. She decided not to take the dwelling after she signed documents? She paid 1st month rent and anything else? Are you getting paid twice for the first month or something?

sg1low · Apr 28, 2008, 10:14 AM

No I took the deposit only (a months rent) and then 3 days after she signed the lease, she canceled it saying she changed her mind. My mistake was not filling in the rental amount on the lease and only putting in deposit and holdover amount. I am spilting the 975$ with her and learned my lesson not to hurry through these things.

ScottGem · Apr 28, 2008, 11:20 AM

I'm confused. Generally, someone may give a deposit to hold a rental unit. Generally that deposit is non refundable unless certain conditions are set in the deposit contract.

When the person signs the lease they pay a security deposit and usually 1st month's rent, sometimes 1st and last. Often the holding deposit will be applied towards the security or 1st month's rent.

If the leasee backs out before the lease takes effect, a lot depends on how far before and how soon the landlord can find a replacement. The landlord is entitled to rental from the effective date of the lease until a replacement tenant moves in. A security deposit is used to protect against damages left by the tenant. If she never moved in then there can be no damages to hold out from the security. However, the landlord can usually apply the security towards unpaid rental.

So I'm unclear what you collected from her (not what you put on the lease, but the actual amount collected. And what the monthly rental was supposed to be. Als I's need to know how much time elapsed between the effective date of the lease and when you got a replacement tenant.