Legal Question in Real Estate Law in Florida
Security Deposit Problems
My husband and I are having problems getting our security deposit back from our ex-landlord. We completed our lease term on May 15, 2002, and at that time the landlord said everything looked fine, and that he would get our deposit back to us in its entirety. We have yet to receive this money. We have contacted the landlord numerous times, only to be told the cheque is in the mail (I'm fairly certain a locally mailed letter shouldn't take more than 50 days to reach us!). What legal recourse, if any, do we have?
3 Answers from Attorneys
Re: Security Deposit Problems
You do have legal recourse under section 83.49 of the Florida Statutes, which deals with security deposits in residential tenancies. You may be entitled to not only recover the entire security deposit, but also all the costs and attorney's fees incurred in connection with your pursuit of the deposit. If you want to read the applicable section of the statute, go to the website below and then search for Chapter 83, section 83.49. If you have any further questions or are interested in retaining a lawyer to prepare a demand letter to the landlord, please call my office at 305.445.0937. Good luck.
http://www.leg.state.fl.us/statutes/
Re: Security Deposit Problems
Read your lease. You can sue in Smalll Claims court.
Re: Security Deposit Problems
In certain cases, Florida law allows a tenant to recover its security deposit, reasonable attorneys fees, and costs, in an expedited proceeding called a "summary proceeding" if the landlord has not returned a tenant's security deposit and has not notified the tenant of the landlord's intent to do so. Should you need further assistance, you may contact me at 305 769-3000 to more fully discuse your case.
Sincerely,
Randall Gilbert
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