Legal Question in Landlord & Tenant Law in Florida

FLORIDA RESIDENTIAL LEASE RETURN OF DEPOSIT

Our ex-landlord sent us an accounting of why she was keeping some of our deposit.

She sent the letter via regular mail. My first question is I think this violates the Florida statute which requires the accounting be sent via certified mail within 30 days. Am I now entitled to the return of all of my deposit since she violated the statute?

In addition, many of the items in the accounting are probably not valid. Do I need to send her a certified letter disputing these items within 15 days, or is the fact that her letter violates the statute relieve me of having to dispute the items?

And finally, she included a check in the accounting letter for the part of the deposit she was returning. Can I cash that check now, or should I wait until this matter is resolved?


Asked on 12/05/13, 1:13 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

1. no

2. send

3. wait

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Answered on 12/05/13, 1:20 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

I would send the response even though the letter may not comply with the statute. You likely would have to file suit against her for return of the balance of the security. I would not cash the check unless you had an agreement from her in writing that you did not accept this reduced amount as payment in full.

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Answered on 12/06/13, 6:19 am


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