Dear Brian,

I paid a 50.00 application fee that I know was not refundable, and there was a 100.00 non-refundable. I also paid a 300.00 security fee. I am not going to take the apartment after all, and I called to let the property know. I have not signed a lease yet - only the application - and they are telling me that I will lose all my deposits. Is this a normal practice? I thought you have to have a signed lease in order to lose your deposit. I am not familiar with this and never heard of a security deposit be held without a lease. Can you please give me some advice on this matter? I have lived in my own home for the past 12 years, so I am not familiar with apartment rental rules. Thank you for any help you can give me.

Susan M, FL

Dear Susan,

I am not familiar with Florida rental laws, but generally most states do not permit a landlord to retain a security deposit in the event the lease is not approved and not executed.  So in your case, most likely, the landlord would have to return the security deposit to you.  

I did a quick Google search, and you may want to contact the Division of Consumer Services at 850-488-2221 or check out their website.  This organization can give you some more definitive guidance on your rights and how to defend them.

I hope this helps and I wish you happy renting in the future.

Brian’s Blog loves questions! If you were wondering anything about apartment or home rentals, feel free to drop us a line or leave a comment - we’re happy to respond!