Legal Question in Real Estate Law in Florida
return of security deposit
Our previous landlords are trying to keep our security deposit by making false accusations. They claim they had to repair things that were not broken or damaged, fix things that fall under the pet deposit, etc. They sent us a letter of intent to keep the whole deposit and I responded within the time mandated by s.83.49(3). I also read that the landlord must notify, in writing, the tennant within 30 days of receiving the deposit, the manner in which the landlord is holding the dpeosit. This was not done. Please advise as to what legal rights and responsibilities we, as tennants, have to get our security deposit back.
2 Answers from Attorneys
Re: return of security deposit
Before getting the courts involved I suggest sending a letter to the landlord by certified return receipt mail. Keep a copy. Be professional. Just state the facts. Demand that they promptly reimburse your deposit (within 5 days).
If the certified letter does not work, consult with an attorney. Under Florida statutes, the prevailing party in this type of lawsuit will have their reasonable attorney fees paid by the loser. With the facts as presented, it appears that your landlord will likely lose. Therefore, you should have no difficulty finding a lawyer. If you are in my area, I would be happy to meet with you.
You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.
Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.
Re: return of security deposit
Sue the lanlord. You would be best counseled by retaining competent counsel to represent you. Else you can proceed youself.
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