Legal Question in Real Estate Law in Florida

Return of Security Deposit

The lease on my townhome expired on July 31 2007. At that time, I called my landlord and we agreed on a month-to-month rental basis, no new lease was drawn up. We agreed I would give him 60 days notice when I found a new place. On March 18 2008, I called him and told him that I would be moving out by April 30th and would be paying him until May 18. He insisted I could not break up a rental month and told me I needed to pay for May in full. I did so. I ended up moving out April 17th. I returned the keys to the rental agent and the landlord left me a message letting me know he had the keys and would do a walkthrough on Apr 28. I was not able to make it and have not heard from him since. Am I wrong in assuming that I should have received my $1000 security deposit back by now (June 10)?? I don't feel comfortable calling him, and would prefer to send him a letter requesting my deposit back. Is there anything specific I need to say, other than ''Please refund my deposit''? Was I obligated to pay him for the additional 13 days (May 19-31) even though I did give him 60 days notice? Is it within my rights to ask him for a refund or should I let it go?

Thank you for your time.


Asked on 6/10/08, 1:09 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Return of Security Deposit

Wait until Jun 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, 1:36 pm


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