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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I live in Florida a I had an executed lease with starting

Customer Question

hello
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes. I live in Florida a I had an executed lease with starting date of feb15th the property was not ready to be delivered by that time so I was required to modify the contract for march 1st , out my initials and send to landlord
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Customer: I did this on feb25 and never received his initials and therefore and executed contract. For that reason, since I didn't have his signature I had to look for another accommodating and decided to back out
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I backout verbally on 2/26 and written on 2/29. The lease was supposed to start today.
at 2:20 pm I received the ammeded lease with the landlord initials saying that it was signed on 2/29 at 9:30 in the morning.
But the document was never sent to me before today (day of commencing the lease) at 2:20 pm which is too late for me to take possession of a property.
The landlord does not want to refund my security deposit.
what can I do?
Expert:  J. Warren replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation. Unfortunately, the landlord is unlikely to return your deposit unless you force the issue. A written demand letter for return of the deposit should be forwarded to the landlord and state that unless the deposit is returned within 10 days you will have no other alternative but to sue him for the return. If he does not return your deposit, take him to small claims court. Hopefully that won't be necessary but it sounds like he is willing to be unreasonable.

Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating!

All my best and encouragement.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Customer: replied 1 year ago.
hello thank you for your reply but you are not really answering my question
Customer: replied 1 year ago.
can you tell me if legally a contract is still binding even though I did not receive the signed amendment from the owner ?? the owner signed the amendment after i cancel as the property was not delivered on feb15th.
Expert:  J. Warren replied 1 year ago.

Your question was "The landlord does not want to refund my security deposit.
what can I do?" If the landlord is refusing to give back the security deposit the only thing you can do is to legally force him to do so is to either convince him you will sue him if he doesn't return it and if he still continues to be unreasonable then you will have to bring a suit.

There is a valid argument that the contract is not binding as a recession was delivered by you prior to the the amendment along with the premises was not delivered on time giving rise to a right of recession. If the landlord believes it is binding, a judge needs to decide based on the documentation and the facts surrounding the case whether it is binding. Arguably it is not, that is the position I would take.

Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating!

All my best and encouragement.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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