Legal Question in Real Estate Law in Florida

Refund of security deposit

I had a one year lease on a townhome. When it expired (Jul 31 2007) I spoke with my landlord and he told me that he was fine with my renting month-to-month until I found a new place. On March 18 2008, I called him and told him I would be vacating by April 30th. Since we had agreed I would give him 60 days notice, I told him I would pay rent through May 18. He argued that I can't break up a month, and insisted I pay him for all of May. I did so. I ended up vacating the home on April 17th, and have not yet seen my security deposit. I do not like dealing with him, so I returned the keys to his realtor. Landlord left me a message stating that he received the keys and would be doing a walkthrough on April 28th. I was not able to meet him for this, and have heard nothing since. He still has my $1000 security deposit. Am I correct in assuming that he should have refunded my deposit by now? I would like to send him a letter, anything specific I should say (other than ''Please refund my security deposit'')? Thanks for your help.


Asked on 6/10/08, 11:05 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Refund of security deposit

Wait until June 30 to be safe. By Florida law, if a landlord does not notice you within 30 days by certified mail of his or her intent to keep all or a part of your security deposit, you get it all back automatically. Then you can send a certified letter to your landlord demanding the entire amount back and sue in small claims court if you don't get it.

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Answered on 6/10/08, 2:04 pm


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