Legal Question in Real Estate Law in Florida

after the expiration of a lease, the landlord and I (the tennant) agreed to continue the rental and the landlord said he'd have a new lease drafted. He never did although I continued to pay the rent. I paid a security deposit for the house rental in Wellington FL. I gave more than 30 days notice when I had to leave and I left the house in better condition than when I moved in (I even hired a proffessional cleaning service to clean the entire house in & out). I have not recieved my security deposit. I've called several times to no avail, and I've sent certified mail to request my deposit back. He didn't sign for the certified mail. It's been 7 weeks, what is my recourse?

Thanks,

Mark


Asked on 10/19/09, 5:22 pm

3 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The recourse is to sue in small claims court. You should be able to recoop your securtity deposit, but you have to sue. No lawyer has a magic wand to make this happen without a lawsuit.

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Answered on 10/19/09, 7:39 pm
Cristofer Bennardo Padula Bennardo Levine, LLP

You have a right to sue and the law provides that your attorney fees are recoverable. You should, however, verify that this person is not in foreclosure on the home you rented. Feel free to contact me to discuss how I may help you file the suit.

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Answered on 10/19/09, 8:06 pm
Lesly Longa Longa Law P.A.

If he didn't send you notice within thirty days, the landlord forfeits his right to the deposit. You should file suit against him for the security deposit in a local court. You could probably do this yourself, but if you need legal help please feel free to contact me. Regards,

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Answered on 10/19/09, 8:16 pm


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