Legal Question in Landlord & Tenant Law in Florida

My brother was renting a room in a house in Florida on a verbal agreement, month to month basis. He provided written notice of his intent to terminate his lease 15 days before doing so, and requested the return of his security deposit upon termination. The head tenant has said that he does not intend to return the deposit and landlord of the property has not responded to his email bringing the matter to her attention. It has been 30 days since the lease was terminated and they have made no damages claim on the security deposit. What courses of action are available to him for recovering his deposit?


Asked on 10/31/14, 11:34 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Assuming there is an agreement whereby his security deposit is supposed to be returned, and that assumption needs some additional basis other than the verbal agreement, than he could sue in small claims court for its return. You mention "head tenant" without explanation as to what that means. You mention "landlord" and don't explain what the relationship each of these parties has to your brother. Who holds the security deposit? That is the only party likely responsible for its refund. The interrelationship of the parties needs to be clarified.

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Answered on 10/31/14, 11:39 am


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