As a landlord it isillegal for me to ask for 1st, last and security deposit upon lease signing?

Get Legal Help Today

 Secured with SHA-256 Encryption

As a landlord it isillegal for me to ask for 1st, last and security deposit upon lease signing?

Is it legal in FL for a landlord to collect 1st, last and security deposit or is collecting/asking for the last months rent upfront illegal? I am a seasoned landlord who plays by the book.

Asked on May 21, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Florida law is silent on whether last month's rent can be collected in advance--which in practice means that it can be; that is, the two parties (landlord and tenant) may agree that the tenant will pay first and last month's rent in addition to a security deposit. (And further, in practice this means that the landlord may ask for it, and the tenant may agree or else not rent there.) There are some requiements on how the money must be held (e.g. in what kind of an account) and also when it must be returned (any unsued portion) at the end of tenancy. Below I will include a link to the relevant section of the Florida statutes for your reference; good luck.

http://archive.flsenate.gov/statutes/index.cfm?m&App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption