Legal Question in Real Estate Law in Florida
Landlord refuses to return deposit
I have paid 2 months rent as deposit in addition to the first month's rent before moving in to the apartment. I have stayed here for a year and a half. I have given my 30 days notice of vacating the apartment. My landlord is refusing to return my deposit, on grounds that the apartment is damaged, whereas the apartment is in the same condition it was given, except for normal wear and tear. What can I do?
1 Answer from Attorneys
Deposit Money or Advance Rent Requirements F.S. 83.49
FACTS: Paid 2 months rent deposit before moving into apt. Stayed here for a year and a half. Gave 30 days notice of vacating. Landlord refusing to return deposit on grounds that the apt. damaged; apt. is in same cond. it was, except for normal wear and tear.
Q. What can I do?
A. Be sure to take pictures and have a Realtor, rental agent or neutral witness check out the apt. so they can testify for you in court or at least write a letter that you can send to your landlord to try to get your deposit back. Be sure to leave a forwarding address. Fla. law requires your landlord to send you a certified letter making a claim on the deposit. You then file suit in County Court and let the Judge decide who gets what. The prevailing party on the significant issues also gets Att. Fees and costs of litigation.
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