Legal Question in Real Estate Law in Florida

security deposit

I had a lease for one year, never renewed but continued with original agreement. After another year and a half I gave verbal notice, 30 days and the landlord accepted. The problem is he refuses to return my 1250 deposit saying he smells cigarette smoke. Nothing in the lease about smoking even though we did not smoke in the house. At first he said everything was fine but every time I call asking about the deposit he adds more reasons as to why he doesn't return the deposit. It has been over thirty days and I haven't been sent any itemized list but a check for 500. He says I didn't give a written notice. What are my rights?


Asked on 11/09/07, 12:02 am

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

Re: security deposit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The landlord has 30 days in which to provide notice by certified mail regarding any claims for deductions from your security deposit. Simply sending a check for the balance is not enough.

You should file suit against the landlord for the return of your security deposit. Under Chapter 83 of the Florida Statutes, the landlord may be held liable for payment of your court costs and attorney's fees as well.

Scott R. Jay, Esq.

Read more
Answered on 11/09/07, 12:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida