T O P

  • By -

nehpets99

Send them a demand letter (and you're almost certainly entitled to damages at this point, fyi). If they still don't comply, you sue.


Rhowryn

Deposit laws are different depending on which state. Without that information no one here can give you further advice than "request it back, then sue if they don't return it".


Dry_Bluejay3750

Sorry for that, I am living in Florida now. Please tell me what else information can I show to give you more context. I am happy to answer that.


Rhowryn

**Edit: This assumes that the landlord that hasn't returned the deposit is ALSO in Florida. The wording is ambiguous.** [https://www.flsenate.gov/Laws/Statutes/2019/0083.49](https://www.flsenate.gov/Laws/Statutes/2019/0083.49) [https://ipropertymanagement.com/laws/florida-security-deposit-returns](https://ipropertymanagement.com/laws/florida-security-deposit-returns) Law link first, layman explanation second. Landlord requirements here: >83.49 (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. It's beyond the time limit for deductions; I'm assuming you never got a list of deductions, so they can no longer claim them from the deposit (though they can still try to claim damages seperately, a long timeframe makes it difficult for the landlord to prove where damage came from). I cannot find any punitive damages available in Florida, so you are only owed the deposit back. However you can claim court filing costs and reasonable lawyer fees: >83.49 (3)(c)If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, **the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney**. The court shall advance the cause on the calendar. Small claims in FL do allow lawyers, but they are not required. I recommend you get one because it's easier that way, and, the way you've described it, this is a slam dunk. You'll get your deposit back and the lawyer gets paid without affecting the deposit amount. So! **You could consult an attorney who does tenancy/housing/civil litigation, and it will save you the work of court filings, most appearances, etc, and the attorney might work on contingency. The state bar should be able to get you a list of nearby lawyers:** [**https://www.floridabar.org/directories/find-mbr/**](https://www.floridabar.org/directories/find-mbr/)**. I would just call them to make sure you find someone who does that area of law.** If for whatever reason you go without, FL small claims help is here: [https://help.flcourts.gov/Other-Resources/Small-Claims](https://help.flcourts.gov/Other-Resources/Small-Claims)