Legal Question in Landlord & Tenant Law in Florida

Re: need my depoist back

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Obviously the landlord has the responsibility to pay back the deposit to you. If she fails to pay you, you may have a claim not only for the amount in question as a breach of contract action but also for treble damages under the civil theft statutes. Since this is rental property, you can place a lient on the property after receiving a judgment and collect by levying on the property or other assets of the landlord.

I would suggest that you consult an attorney to discuss your legal rights and obligations including your options as to how to proceed.

Scott R. Jay, Esq.