Can a landlord of a mobile home park state that only half of a security deposit is refundable, if all agreements are met?

UPDATED: Feb 14, 2012

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Can a landlord of a mobile home park state that only half of a security deposit is refundable, if all agreements are met?

My question pertains to security deposits and the requirement of itemization of fees asked by a landlord I was interested in staying in a mobile home community park. However I feel uncomfortable signing an agreement that reads “Security Deposit $___ due before occupancy. One half is refundable only if all Agreements are met.” Verbally, they are saying they keep these funds because they have had problematic tenants who are damaging to property. However, no itemization. The park is insistent on this being conformed to and it’s the only thing in the way of my staying there.

Asked on February 14, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To have a lease agreement stating that under no circumstances the entire security deposit will not be refundable is a provision in violation of public policy under the laws of all states in this country. The provision amounts to an unearned windfall for the landlord where there is no rational basis for the provision other than to penalize the former tenant.

Sentiment is that if on move out there is no damage to the rental and all money has been paid for rent and the like, the full security deposit to the tenant should be returned.

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