Legal Question in Real Estate Law in Florida

My landlord took more than 32 days to tell me that she is going to keep my deposit to make repairs to the apartment, as of this day, about 35 days after i moved out she still has not sent me a writting claim and she told me that i"m going to give her extra money to cover the difference of the repairs; can she do that? And if i oppose the claim can she take me to court later to have me pay for the expenses of the repai. I live in Coral Springs FL.


Asked on 9/29/12, 9:00 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

The LL was required to comply with FS 83 if she wanted to make a claim on your deposit.

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Answered on 9/30/12, 7:33 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You say it took more than 32 days to advise the deposit was being kept. What form did that notice take? A written notice certified mail was required. If not sent, then there is no valid claim against the security deposit. However, you can still be responsible for actual damages. If you sue for the security be ready for the counterclaim for the damages. Hire an attorney to review the circumstances and your rights.

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Answered on 9/30/12, 7:41 am


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