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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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Florida rental property (valued at 575K), Tenant is

Customer Question

For our Florida rental property (valued at 575K), Tenant is offering to pay all 1 year lease monthly payments ($3400/month) up front to get around lesser credit score due to short sale on their current home.
Is it legal to accept this offer AND our usual 2 months security deposit?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Note: This answer has to apply to Florida rental properties.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
In Florida, as per Section 83.49, there is no limit on what amount you can obtain for a security deposit, although the reasonable limit is 2 months rent. Security and rent are separate, since security is there in case of damage and repairs, not rental expenses. You CAN legally collect both. Below you will find a link to the pertinent statute:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html
Please take care and good luck to you.
Sincerely,
Dimitry, Esq.