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Left our last rental immaculate/ in far better condition than when we first rented. It's been 2.5 weeks since leaving and LL HAS NOt replied to any calls nor emails re; deposit money refund. This is in Florida. What and how many times do we request? thank you. dm ok
Return of Your Security Deposit
1. Notice by landlord: When your lease has ended and you have moved out, your landlord has 15 days to return your deposit, if the landlord does not intend to make a claim against your security deposit. If a claim against your deposit
is made, then the landlord has 30 days to give you written notice (by certified mail, to your last known mailing address) that a claim has been made and what the claim is for. If your landlord fails to send you this notice within the 30 days, then the landlord forfeits the right to take any deductions at all. (Fla. Stat. § 83.49(3)(a)).
The security deposit can go towards damages beyond normal wear and tear. Purposes for which a security deposit often applies include: cleaning and trash removal, painting and plaster repair, roof repairs, plumbing repairs, and failure to pay rent after vacating the premises.
2. Return of deposit money: Unless you object to the landlord’s claim against your security deposit, the landlord then has 30 days following the initial notice to impose a claim and to return the balance of your deposit following any deductions. (Fla. Stat. § 83.49(3)(b)).
3. Objections: If you have objections to your landlord’s calculation of damages, you must make them within 15 days of receiving notice of the landlord’s claim, or you forfeit your right to object. (Fla. Stat. § 83.49(3)(b)).
4. Court Costs: If the landlord neither returns your deposit, nor sends you a notice of claim against the deposit, then you may want to take your landlord to court. In court, the losing side will have to pay the winner’s court costs. (Fla. Stat. § 83.49(3)(c)).
5. Moving out early: If you move out before your lease ends, or if you have
an oral lease, then you have to give your landlord special notice in order to enforce the 15 and 30 day time limits concerning your deposit. You must give written notification by either certified mail or personal delivery to the landlord at least 7 days before you move out. If you do not give the landlord notice, the 15 and 30 day requirements for returning your deposit balance will not apply. However, the landlord will still owe you the balance of the deposit. (Fla. Stat. § 83.49(5)).
[SIZE=2]If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within (15) days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won't be returned within thirty (30) days after the tenant leaves the dwelling. The tenant then has the right to object in writing within fifteen (15) days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money.[/SIZE]
Did you provide a forwarding address? If not the mail can take longer if US postal has to forward it to you since they are very slow.
The post stamp on the envelope is what counts.
If the owner doesn't know the law you probably will end up going to court to get the money back and if you leave it in good condition and have proof than it will be an easy win.
We dealt with unreasonable owners who demanded us to keep security deposit money for items the law doesn't allow it and we lost owners over that since we obey the law either way.
Wait if the owner has something that you may have forgotten and will be deducted...reasonable or unreasonable, but wait until approx. 35 days are up to see if it arrives or go to court.
Call or email the owner and ask...it won't hurt to communicate.
As posted in first post, bentlebee, I called and wrote a few times now. Have had no reply. Have stopped communicating now as there seems to be no point and will contact a lawyer to do so. Upsetting as we took better care of the home (owned by a single mom) than we do with our own homes. Did almost all needed repairs ourselves so she would not have to pay. I could go on and on about how well we treated the home, but why bother.
As posted in first post, bentlebee, I called and wrote a few times now. Have had no reply. Have stopped communicating now as there seems to be no point and will contact a lawyer to do so. Upsetting as we took better care of the home (owned by a single mom) than we do with our own homes. Did almost all needed repairs ourselves so she would not have to pay. I could go on and on about how well we treated the home, but why bother.
Than go and file in small claims court once the 30 days has passed. If it is as you are saying than you have an easy win.
If you hire a lawyer than I wonder how much money you will be left with after paying the lawyer and if you follow the steps on the Public records for small claims court like we have in our County and surrounding Counties, than you can easily do it yourself.
Just makes sure to double check the spelling of the name and to file in the correct County. If you win you will get your court cost rewarded as well and interest.
When a landlord doesn't reply it usually is because they think they know the law just like tenants clim to know the law, and often they don't realize that he best thing is to have records.
it i not often that tenants leave the place better than when they rented it but it happens. We have one moving out at the end of this month and the place looks better with the improvements they made and they were great tenants to deal with and working in a similar field as we do...
I agree bentlebee. We've also been landlords and respect others homes just as if they're our own. So we're happy to leave in in best if not better shape when possible. thanks for advice.
Ill wait another 10 day and then contact county clerk/ small claims court after sending a formal letter certified.
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