Legal Question in Landlord & Tenant Law in Florida

The landlord has 30 days to send you a certified letter saying he is making a claim on your deposit. If you don't receive the letter or the deposit after that, you can sue for the deposit.

You should consider meeting with an attorney since attorney's fees are awardable if you prevail.

Section 83.49, F. S.

A damage deposit is the most common requirement of landlords. At the time of the pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc. and give a copy to the landlord. Keep a copy for your files, which may help eliminate or minimize disputes later.

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.

Section 83.49, 3(b)(c), F. S.

Unless you object to the imposition of the landlord�s claim or the amount thereof within 15 days after receipt of the landlord�s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord�s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord�s right to the security deposit.

If your LL did not comply with FL law, you should sue.