Legal Question in Real Estate Law in Florida

Return of Rental Deposit/how to file legal action against landlord

after meeting ALL "notice" requirements for return of our rental deposit, the landlord has not returned the deposit. It has been 60 days, I've sent 1st, 2nd 3rd Notices for payment and a final "Demand for Payment" to his attorney, but NO response ever from his attorney since we sent our "Response"(within the 15 days) to the the letter of "Intent to Claim Deposit" he sent, and NO action has been filed by the landlord. How do we file an action against the landlord to get our deposit? Forms? Also, ALL his claims were false and we were prepared to go to Court with ALL eveidence to prove it, pictures, receipts, ect.(we moved on time too, at his request of NON-Renewal of our lease, for NO given reason either.


Asked on 10/05/00, 4:03 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Return of Rental Deposit/how to file legal action against landlord

The only option you have is to file a claim for the return of your deposit. You may do so by yourself or with an attorney. Based on the amount in question, you may be able to file in the Summary Procedure Division of the County Court where the rules are very relaxed and the court clerks will generally help guide you through the process of filing and serving the other party. Alternatively, you may wish to hire an attorney to represent you. The Court might award reasonable attorney's fees to the prevailing party. Court costs are generally awarded. As always, you should seek the advice of an attorney who is experienced in landlord/tenant actions.

Scott R. Jay, Esq. (305) 249-8000

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Answered on 11/03/00, 8:35 am


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