Legal Question in Landlord & Tenant Law in Florida

My lease ended November 3rd of his year. After my final walk through my landlord verified that everything was in good shape and fine. I then asked about the deposit and he said email him the address of where i want it sent. It is now December 11th and I have not recieved my deposit. He is not returing any of my phone calls and has yet to send me a reason as to why not. what do i do?


Asked on 12/11/09, 6:16 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

sue in small claims court.

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Answered on 12/17/09, 1:22 am
Sarah Grosse Sarah Grosse, Esquire

When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.

Your recourse is to sue in small claims court for return of your deposit. However, I suggest you start with a demand letter, sent certified mail return receipt requested, to the landlord demanding immediate return of your deposit. The letter has the highest chance of being effective if it comes from an attorney. If no response, sue.

Good luck.

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Answered on 12/17/09, 2:29 am
Lesly Longa Longa Law P.A.

You need to take action against him. Follow the procedure laid out in Florida statutes (see information at: http://www.800helpfla.com/landlord_text.html). Or, contact an attorney for help. This should be relatively inexpensive and hiring an attorney will save you time. Regards,

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Answered on 12/17/09, 10:08 am


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