Legal Question in Real Estate Law in Florida

Landlord wont return security deposit or calls

I moved out of an apartment in January and my landlord never returned my security deposit of $1000. He never returned my calls or gave me any reason or proof as to why he didn't return my money. He has avoided me since then and wont even take or return my phone calls. Do I have a case? What kind of attourney do I need to hire?


Asked on 3/22/07, 10:37 am

4 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Landlord wont return security deposit or calls

YOU HAVE A STATUTORY ENTITLEMENT TO THE RETURN OF YOUR DEPOSIT MONEY. Contact a competent attorney in your area.

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Answered on 3/22/07, 5:55 pm
David Slater David P. Slater, Esq.

Re: Landlord wont return security deposit or calls

1. yes

2. me

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Answered on 3/22/07, 10:58 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Landlord wont return security deposit or calls

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Florida Statutes Chapter 83 provides that the landlord must provide notice of a claim against a security deposit within 30 days of the tenant(s) vacating an apartment. If your landlord has failed to do so, the landlord has waived his/her right to make any claim against the deposit. Notice must be mailed by certified mail to the last known address of the tenant.

If you left a forwarding address with the landlord it must be mailed to the new address, Failing such, the notice can be sent to the apartment you leased from the landlord. Providing you left a forwarding address with the post office for your mail, it seems clear from your question that your landlord does not have any right to keep your deposit.

I would recommend that it would be wise to hire a qualified real estate attorney to represent you in a claim against your landlord. Pursuant to applicable Florida law, you may be entitled to an award of attorney's fees and reimbursement for court costs if court is necessary.

Scott R. Jay, Esq.

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Answered on 3/22/07, 11:13 am
Johm Smith tom's

Re: Landlord wont return security deposit or calls

These two guys are correct; an attorney will be able to teach this landlord a lesson and get you your money back.

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Answered on 3/22/07, 11:29 am


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