Legal Question in Real Estate Law in Florida

security deposit

Under the Florida Landlord and tenant act I have been told that a landlord has either 15 days to return the complete deposit or to send a certified letter detailing damages. Does the 15 days refer to only business days and in that case would Saturday be considered a business day if the leasing office is open?

I have received nothing from my apartment office and when calling to inquire about my deposit the manager stated that I might not recieve it for two more weeks. It has already been three weeks since my lease ended and my roomate and myself even moved out early to help them out in moving in new tenants. What can I do do get my deposit back and can they still deduct money if I have not recieved a letter in the legal timeframe.


Asked on 8/28/00, 11:03 am

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Refund of security deposit

FACTS: Have been told that a landlord has either 15 days to return the complete deposit or to send a certified letter detailing damages. Have received nothing from apartment office and when calling to inquire about deposit manager stated might not recieve it for two more weeks. It has already been three weeks since lease ended and moved out early to help in moving in new tenants.

Q. Does the 15 days refer to only business days and in that case would Saturday be considered a business day if the leasing office is open? What can I do do get my deposit back? Can they still deduct money if I have not recieved a letter in the legal timeframe?

A. The 15 days is just that. It includes weekends unless the last day is a Sunday, then they get one extra day. You can immediately file suit to recover your deposit if you want to push the issue. If you wait and then don't get 100% of your deposit back, hire an atty. and take them to court. You WILL win and get interest on you deposit from date due you as well as attys. fees and court costs. A landlord waives all rights to the deposit when a 15 day notice is not timely served, if the tenant left a forwarding address.

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Answered on 10/03/00, 11:40 am


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