Legal Question in Real Estate Law in Florida

Re: Return of security deposit - out-of state

Assuming you provided the landlord with your correct forwarding address, it appears the landlord has made a critical error by not providing you with the required notice of claim within 30 days. If so, the landlord cannot keep any part of your deposit, even if a viable claim exists, and you may be entitled to recover any costs or attorney's fees incurred in pursuing your security deposit.

If you are interested in discussing this matter further, please call my office at 305-445-0937.

Regards,

Peter A. Gonzalez

Coral Gables, FL

Re: Return of security deposit - out-of state

Your former landlord should have provided you with a certified letter specifying his intent to excercise his rights against your security deposit. You are entitled to its return, regardless of the condition of the premises. You are also entitled to interest and attorneys fees. Demenad all of this with a certified letter.

Re: Return of security deposit - out-of state

Florida Statutes were recently amended to provide that the landlord must provide notice of a claim against a security deposit within 30 days of the tenant(s) vacating and apartment. If your landlord has failed to do so, the landlord has waived his/her right to make any claim against the deposit. Notice must be mailed by certified mail to the last known address of the tenant.

Providing you left a forwarding address with the post office for your mail, it seems clear from your question that your landlord does not have any right to keep your deposit. I would agree with you that it may be wise to hire an attorney to represent you in a claim against your landlord. Pursuant to applicable landlord/tenant law, you may be entitled to an award of attorney's fees if court is necessary.

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