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I live in Florida a I had an executed lease with starting…

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Yes. I live in...

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

Submitted: 2 years ago.Category: Real Estate Law
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Customer reply replied 2 years 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?
Answered in 19 minutes by:
3/1/2016
Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
Experience: Experience in residential real estate and commercial leases.
Verified

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.

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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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Customer reply replied 2 years ago
hello thank you for your reply but you are not really answering my question
Customer reply replied 2 years 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.
Real Estate Lawyer: J. Warren, Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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