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We generated a lease with a 200.00 dollar deposit. The tenant…

Customer Question
We generated a lease with...
We generated a lease with a 200.00 dollar deposit. The tenant had no pet at time of the lease and was told the 200.00 would need to be given prior to getting a pet. We'll the tenant got a dog about nine months into the lease according to her unexpectedly. She was reminded of the 200.00 prior to getting pet, stated I don't have the money at this time. Allowed her to pay 10.00 monthly till amount was paid in full. The lease is a generic one from staples which states as per state requirements. I can't find documentation of status of refund or not. I verbalized to her that it would be nonrefundable. She is asking for documentation as to where it says it.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
6/27/2010
Real Estate Lawyer: BizAttorney, Lawyer replied 8 years ago
BizAttorney
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She is correct in that it must be in writing to be enforceable. If the lease does not state that there is a nonrefundable pet deposit if she has a pet, then there is not a pet deposit. Unfortunately anything verbally will not be enforceable in court.

If you make her sign an addendum to the lease and have her sign it, then it will be enforceable. Good luck!
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Customer reply replied 8 years ago
The lease says as per state law. What is florida state law on pet deposits, are they refundable?
Real Estate Lawyer: BizAttorney, Lawyer replied 8 years ago
Florida Statute 83, Sec 83.49 doesn't make pet deposits nonrefundable. If it doesn't state in the contract that they are, then they are refundable. Now this doesn't mean they get everything back out of the pet deposit. You just need to give the tenant the reasons you are keeping the deposit within 30 days after they leave the property. However, if she goes to court and you don't have a writing showing you get the pet deposit and it is nonrefundable, then the judge will rule in her favor.
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Customer reply replied 8 years ago
the 200.00 dollar deposit was never completed. She paid 120.00, 10.00 monthly for 12 months and then stopped. The lease had hand writtten for 200.00 to be given prepurchease of the pet.
Real Estate Lawyer: BizAttorney, Lawyer replied 8 years ago
If it was in writing, then she is liable for that amount.
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