Legal Question in Landlord & Tenant Law in Florida
security deposit
On Sept.30 I moved. Me and the landlord had a walk through on 10/1/7. He told me that he will be sending my depsoit to my new address on 10/3/7. But on 10/8/7 he phoned me to tell me that he will not be giving me back my deposit. Stating that the apartment was dirty and roach infected. We meet again 10/9/7 to look at the apartment, the apartment was in good condition and no roaches were found. help
2 Answers from Attorneys
Re: security deposit
He is in violation of FS 83. Retain counsel.
Re: security deposit
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.
Florida Statute 83.49 deals with security deposits. The landlord has time to make a claim after you vacate the premises. You have a right to refute his claim. If so, you should do it by certified mail now before you miss the deadline. If the landlord does not acquiesce, then you can file suit and seek the return of your deposit together with all costs of the action including court costs and attorney's fees, if any.
Scott R. Jay, Esq.
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