Legal Question in Real Estate Law in Florida

We have a property in Florida that we rented through a property manager. The tenants have vacated the property. We have sent the tenants a statement indicating how much of the security deposit (almost all of it) we had to use, in accordance with the lease and Florida statutes, to repair damage and clean the property (again, all in accordance with the lease and the law). The former tenants sent a reply (written by an attorney) disputing these charges and demanding the full security deposit less some small charges that they agreed to. We intend to respond to their letter, affirming our initial claim. In the meantime, how do we get the security deposit back in our hands? The property manager simply said we'd get it back when the tenants agreed to our claim. But I cannot imagine that a property manager with whom we now have no legal relationship is the arbiter of this case. How do we get the deposit back to us (after which, the tenants may seek it from us, entirely separately from any involvement of the property manager)? Thanks.


Asked on 3/17/10, 12:57 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Chances are the property manager is holding the security deposit in escrow. You can check the lease to confirm. Regardless, it is not your money and the property mananager should hold it until this dispute is fully resolved. They can't now release it to you, just like they can't return it to the tenant.

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Answered on 3/22/10, 1:03 pm


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