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C.Fortunato
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience:  Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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Florida Law regarding Return of Security Deposit I moved

Resolved Question:

Florida Law regarding Return of Security Deposit

I moved out 41 days ago and did not get my security deposit back. I also did not hear from the landlord about why he might keep this deposit. So I sent an e-mail yesterday asking for my security deposit back.

He replied with this message:

"No notice by you was given of your security deposit request in compliance with florida state statute 83.49. There was no certified US mail of same, so i was not notified. Therefore no refund is due."

Was I obligated to send him a certified mail requesting security deposit back? Is he still obligated to return my money? What's going on?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  C.Fortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Real Estate attorney here to assist you.

cfortunato :

1) Did you receive a notice from the landlord of an intention to keep part of the security deposit for damage, cleaning, etc.?

cfortunato :

2) Did the landlord have your new address?

Customer:

1. No

Customer:

2. YES...many times in e-mail and by certified mail.

cfortunato :

Thank you for your response.

cfortunato :

The landlord is wrong.

Customer:

Was I ever obligated to request my security deposit back by certified mail?

cfortunato :

There is no requirement that you must request your deposit back.

Customer:

If I sue and pay $300 to file a claim, can I sue for that extra $300 as well?

cfortunato :

Yes - if you have to go to court to get your security deposit, you can also sue for the court fee.

cfortunato :

Perhsps if you inform the landlord of your intention to go to court,

cfortunato :

he will just return your deposit - to avoid the time and expense of having to go to court.

cfortunato :

The relevant statute is here:

cfortunato :

So that you can see for yourself that there is nothing that says a tenant must ask for his security deposit.

Customer:

Thank you.

cfortunato :

You're welcome!

C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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