Florida's Spacecoast
Brevard County Florida
Apartment Directory
Apartment Directory
Be Apartment SmartLeases and Security Deposits Renting an apartment Before looking at apartments or rental houses, evaluate your living needs: Number of rooms, location, distance from shopping and public transportation, price and facilities. Friends and newspapers provide inexpensive advice. Real estate agencies can help, but may charge a fee for their services. Avoid “apartment finders” who charge merely for lists of vacancies that are simply taken from newspaper classified ads. Consider the following before renting: Check the furnace, plumbing and all appliances. Are there enough electrical outlets and lights? Is the wiring adequate to handle several appliances? Are storm windows, screens and shades provided? Are the floors solid, without holes or splinters? Are the walls and ceilings painted, papered and without cracks? Are the doors, windows and entrances to the building secured? Are the stairs safe and well lit? Are the fire escapes easily accessible? Is the apartment quiet? Can you hear those next to, above or below you? Is there evidence of rodents or insects? Who pays for an exterminator? Ask others in the apartment complex about any negative aspects of living there. If the apartment is furnished, check for, record and save a list of all defects in the furniture. Make and keep a list of all existing damages and repairs that need to be made. Keep a copy of the list, give one to your landlord and attach a copy to the lease. When you move out, such records will assure that your security deposit will only be applied to damages for which you are responsible. The rental application Your new landlord may ask you to provide credit references and a list of past landlords, addresses and your employment history, including salary. An application fee may be charged and may be non-refundable if you are not approved. At the landlord’s option, he may apply the application fee to your first month’s rent or security deposit, but it is not required by law. Signing a Lease: A lease between a landlord and a tenant is an oral or written contract. Your best protection is a written lease signed by both parties. Make sure your lease contains: The specific address, including apartment number of the property. The length of the lease. An explanation of the rent payment procedure, including late penalties and rent increases. Which utilities you are responsible for paying. Termination or renewal terms. The amount of security deposit. Be sure to keep a copy of the lease for yourself. Make a second copy and keep it in a bank deposit box or give it to a friend or family member for safekeeping. Do not sign a lease until all blanks are filled in. Security deposit A security deposit is money which actually belongs to the tenant, but is held by the landlord for protection against damages or unpaid rent. During the first year of a lease, the amount of a security deposit cannot exceed two months rent. Before
moving in, make a list of any existing damages and repairs that need to be made.
Keep a copy of the list, give one to the landlord and attach a copy to the lease.
Such records will assure that the security deposit will only be applied to damages
for which you are responsible.
To have your security deposit refunded, give the landlord a forwarding address
and return the keys to the property. Within 30 days after you move out the landlord
must either return the security deposit or send you a list of damages, the cost
of repairs and any money remaining from the security deposit.
If the landlord does not provide a written list of damages within 30 days, he
may not keep any part of the security deposit. You may then sue to recover the
deposit without the landlord being able to raise any defense.
If within 30 days, the landlord fails to pay the tenant the difference between
the security deposit and the actual damages to the property, the landlord is liable
for double the amount by which the security deposit exceeds the actual damages
to the property. |
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