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Old 01-03-2013, 10:01 PM
 
3 posts, read 6,271 times
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My 1 year lease in a private house ended Dec 6 and I moved out Dec 5.

The lease does not state that I must give notice. It states that if the lease is to be renewed or extended, then written notice must be signed by the landlord or tenant. And, it states that "a new lease is required every year."

I sent a certified letter to the landlord about 11 days before the end of the lease stating a new forwarding address, and I requested that my security deposit be sent to that address.

Can the landlord state that I am not entitled to my security deposit because I didn't give 30 or 60 day notice?
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Old 01-04-2013, 11:59 AM
 
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https://www.floridabar.org/tfb/TFBCo...8?OpenDocument
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Old 01-04-2013, 12:35 PM
 
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Thanks, that answered my question.
Say the landlord never sends me a certified notice of why he is keeping some or all of deposit
30 days after the end of the lease.

I think I should send a certified letter stating Florida law and asking for my full deposit back. Also, I should state that Florida laws state that the winner in court pays all legal fees as well.
But, what if the landlord then deducts from the deposit and I didn't do the damages he claims. I guess I would send another certified letter stating I didn't do the damages and that it makes no difference anyway since his claim was after the 30 days.

What if I have to hire an attorney and I go to court and I win the case and the landlord never sends me the check after say 30 days. Then what do tenants do? I guess my attorney would have to escalate it. How does an attorney escalate it? How effective is it? In another words, is it possible to hire an attorney, win in small claims court and never get the deposit back even if the landlord is wealthy?
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Old 01-04-2013, 12:54 PM
 
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You should have taken photos prior to leaving to support any future claim to your deposit. If you did not do this, and a walk through with your landlord prior to leaving, you may as well just give up now. You can send a letter requesting, but if he says no and why and you have no proof, its not worth your time at that point. Imo
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Old 01-04-2013, 02:35 PM
 
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I have detailed photos of before I moved in. And we did a walk through with a witness present. According to the Florida statutes, the landlord gives up his right to claim any den ages on the deposit if he doesn't send an itemized list within 30 days, so it seems to me that the walk through and photos I have make no difference. Isn't that correct? I just want to know what recourse a tenant has if a landlord refuses to give back the deposit even after small claims court says he must.
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