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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35773
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have been living in the same apt. for almost 9 years. The

Customer Question

I have been living in the same apt. for almost 9 years. The landlord recently sent me a new lease.( My 3rd over the course of my tenancy). She now asks for another security deposit and to prepay my first month's rent,as if I'm a new tenant. Is this legal? I already know it's immoral.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you currently under a fixed term lease that is expiring or are you month to month?

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Did you already pay a security deposit previously?

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How much is rent and how much security deposit are they asking for in total?

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If you are already living there, how would you prepay first month's rent?... I am a little confused by that...

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Or do you mean that they want you to pay your last month's rent in advance?

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thanks

Barrister

Customer: replied 6 months ago.
My current lease expires 12/1/16. Landlord already has a security deposit of $350.00. She now asks for another $350.00." I addition to the security deposit lessee shall prepay $895.00 dollars representing rent for December 1 2016. Said payment shall be held by lessor(or Jessie's designated agent). Current rent $825.00
Expert:  Barrister replied 6 months ago.

Ok, unfortunately, from a legal perspective the landlord can request any amount he wants as a security deposit because FL doesn't have a law that limits the deposit.

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As for requiring "prepayment" of the Dec rent prior to it becoming due Dec 1, again, there is nothing under FL statutes that would prohibit this.

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But if there is no date that it has to be paid by, then you could pay it Nov 30 if you wanted and it would still be considered "prepaid" since it isn't due until the 1st of Dec.

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And yes, I can't imagine why the landlord is being such a jerk with you after such a long tenancy.. Having been a landlord myself for over 26 years, I treat my long term tenants like gold if they pay the rent on time and don't damage anything...

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thanks

Barrister

Customer: replied 6 months ago.
It is my belief that because the property has fallen into disrepair,she intends to use the extra money to effect repairs.This also affects 5 other long term Tennant's.All in good standing.
Expert:  Barrister replied 6 months ago.

Well, to be honest, what she uses any prepaid rent on doesn't really matter legally. You would be given credit for it when it comes due on Dec 1. As for any deposit, she can't use that by law because it isn't her money and she has to keep it in an escrow account and notify you where the money is being held.

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thanks

Barrister

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