Legal Question in Landlord & Tenant Law in Florida

I ended my lease with my landlord with proper notice. It has been 90 days and I have not heard from my landlord by mail or phone and have not received my security deposit. I want to file suit but am concerned that my landlord may try to file a counter suit for damages that are not valid because we had a very adversarial relationship. Is it possible for him to file a separate suit for damages when he did not follow the Florida law regarding the return of the security deposit?


Asked on 7/16/11, 5:26 pm

1 Answer from Attorneys
Leanne Perez Leanne Perez, P.A.

Short answer: No.

If the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required. If the landlord does intend to impose a claim, he/she has 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address. The tenant is required to give the landlord a valid address at which the tenant can be contacted.

If your landlord did not give you the required notice within the 30-day period, he or she forfeits the right to impose a claim upon your security deposit.

To obtain your security deposit back, you will have to file an action in court. The winning party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.

Good luck.

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Answered on 7/20/11, 6:23 pm


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