Legal Question in Real Estate Law in Florida

Security Deposit...wrong address

My husband and I completed and complied with our lease. When we moved out we gave our new address to our landlord so that our security deposit be sent to us. Everything was left in great conditions and we were to receive all of our deposit back. However, when their corporate office sent us the check, they mailed it to the wrong address; and thus someone took the check, forged it and somehow cashed it. They continue saying that they did sent me the check, and in an indirect way are saying that it's my problem now to solve. I explained to them that this was an error made by their corporate office and thus they need to take responsibility. I'm left in the limbo...What are my legal rights?


Asked on 8/15/02, 6:06 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Security Deposit...wrong address

If this occurred in Florida, and the check was never sent to the correct address and received by the tenant, then the landlord has a problem, especially if more than 30 days has elapsed from the date the lease Term ended. If you are forced to bring a claim, you may be entitled to recover not only the entire security deposit, but all fees and costs incurred in pursuing the claim. If you wish to discuss this matter in more detail, please call my office at 305-445-0937. Good luck.

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Answered on 8/15/02, 7:15 pm


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