Legal Question in Real Estate Law in Florida

I had a lease on an apartment in Palm Beach county, FL that ended 05/31. After moving out, I got a letter from the landlord (the apt complex) stating that there were damages to the property totaling an amount over my security deposit, and that I owed them the difference. The date on the letter is 05/31, but I received it on 06/12. The letter I received states: �you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or the landlord will be authorized to deduct its claim from your security deposit...Amounts not paid by 30 days will be sent to collection�. I wrote a letter dated 06/22 that arrived at their offices on 06/23. As of 07/01, I have not received a response from their office. My letter basically argued that some damages were on the apartment when I received it and the amounts of some of the charges. Basically, I would still owe them money, but much less. And in my letter I asked them to �let me know soon if we have an agreement�. Can they still send the balance to collections without even answering my letter? I am not sure what I should do next if they just plan on ignoring my letter.


Asked on 7/01/12, 7:55 am

1 Answer from Attorneys
Richard Kaplan

If the procedure was followed correctly, the law is not clear on next steps. It says that the matter is to be submitted to a judge to decide. What it doesn't say is who is to file the lawsuit, and how long they have to do it in.

So the Landlord cannot keep this money and use it until a judge hears it, but then you also don't get it back for the same reason. Therefore, the money stays in limbo.

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Answered on 7/01/12, 8:03 am


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