Leaseback Deposit !

[Christian Garcia]

Hello ! 

My client closed on his home three weeks ago. 

The seller had a lease back for two weeks. When they moved out they left furniture and a lot junk all over the home and the backyard. 

Can my client use some of the money from the lease back deposit to pay a trash /junk removal company even though its not in writing that the seller had to leave the home in a clean condition ? 

[Andrew Steffens]

Quote from @Christian Garcia:

Quote from @Andrew Steffens:

Who is holding the deposit?

The standard FL contract does state it has to be left free of debris etc and in broom swept condition so here it would be a breach of contract.

I would try to collect on it for sure.

 HI Andrew! my client (buyer) is the one holding the deposit. We have pictures of all the junk left behind. 

 Oh ok got it.  A lot of times here in FL the title company will retain the deposit.  Since your client already has it I would notice the seller of the intent to retain a portion of the deposit.  If they want it  back likely their only recourse is small claims court.  Probably not worth it for anybody and I feel based on what you have said being true, they deserve to be docked part of the deposit.  Obviously I am not an attorney and certainly not well versed in how things are done in TX but I think you are good!