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

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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 12 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


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