Legal Question in Real Estate Law in Florida

Re: Return of Security Deposit

Section 83.49 of the Florida Statutes deals specifically with a landlord�s duty regarding security deposits. Section 83.49 states in pertinent part:

�(3)(a)-Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.�

This section further states that "If the landlord fails to give the required notice within the 15 day period, he or she forfeits the right to impose a claim upon the security deposit.�

As such, even if your landlord had a genuine claim, the claim was forfeited if the statutorily required notice was not provided in the manner prescribed by Florida law. See the advice of a real estate litigation attorney. Good luck.

Re: Return of Security Deposit

Do you have proof that you gave them a security deposit?

If you have sufficient proof that the landlord wrongly withheld your security deposit, then consider taking your former landlord to small claims court. See Prairielaw.com for small claims court procedures.

A better alternative is to seek the assistance of an attorney. Generally,with this type of case, assuming you prevail, the landlord would be

responsible for your attorney fees. If you are located within my geographic area, I would be happy to provide you with a free � hour consultation.

Good Luck, Elliot Goldstein (I also have a Tampa office)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this

information. Seek a formal consultation with an attorney.