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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15167
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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BACKGROUND I have to sue my landlord for return of security

Customer Question

BACKGROUND

I have to sue my landlord for return of security deposit. I moved out on April 30 and today is June 19. So far I have not received my security deposit back, nor have I received any kind of information as to why I am not entitled. I've e-mailed him several times and he said he was going to send it, but he never did.

QUESTION 1
I currently reside in Palm Beach County Florida, the property was (is) located in Palm Beach County Florida (Delray Beach). However, the landlord lives in Miami-Dade County Florida. Same state – but another county. Do I sue in my county or in his County? I just want to make sure I get the venue correct.

QUESTION 2
I read that if I prevail in this lawsuit, I can retrieve my court filing fees in addition to getting my security deposit. What happens if the landlord decides to send me the security deposit back after I've already spent $300 to file? Do I lose my filing fee in that case? In other words, what happens if the landlord pays me before the case actually gets to trial?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. In regard to your first question, you would file suit in the county where the property is located. As such, it would be in Palm Beach County, Florida. As far as question two, if the landlord were to contact you, you could demand that he also pay the $300 filing fee which you had to incur. If you filed it already, you would not have to dismiss the case, unless everything was settled. If he is unwilling to tender the filing fees and any other costs, you could still proceed and not cash/accept the check which he sends. Of course, it would be at your discretion at that time, if you just want to take the $300 loss to settle, get your money back and not have to go through the procedure. Before you file suit, you may want to reach out one more time, explaining your intent and that he will owe more, if he loses. Moreover, based upon what you stated above, the Florida Statute supports your position and the time in which he MUST comply or else he waives his right and needs to return the entire amount.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html

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Expert:  RealEstateAnswer replied 10 months ago.
Hi Brett. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 10 months ago.

Immediate and thorough answer. Very pleased. Well worth the money. Thank you.

Expert:  RealEstateAnswer replied 10 months ago.
You are welcome. If you have not already, please remember to rate my help so I can get credit. Thank you.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15167
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
RealEstateAnswer and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you for your help. This is the e-mail I plan to send my prior landlord. Is it okay?


 


---------------------------------------------------------------------


 


Dear Todd,



This Letter of Intent shall serve as your formal notice of my intent to commence legal proceedings against you for failure to return my security deposit.



In the event you wish to resolve and settle this matter prior to legal proceedings, you must ensure I receive my full security deposit refund of $2500.00 no later than close of business (COB) Monday, June 24, 2013. If not received, a suit will be filed electronically. After filing, I will email you advising you of all additional costs incurred (filing fees, process service fees, summons fees, and any other fees or costs).


 


Once filed, I will not stop the proceeding UNLESS I receive the $2500.00 PLUS all fees incurred due to filing suit.


 


Failure to ensure I receive this deposit refund by the date specified above will cause me to initiate any and all actions necessary for the commencement of legal proceedings in the court and I will seek all damages and costs against you as allowable by law in respect of same.


 


Pursuant to Florida Statute Title VI, Chapter 83.49(3)(a), you were required to return my security deposit within 15 days after final lease termination date. As of Monday, June 24, 2013, 40 days (more than 5 weeks) will have elapsed.


 


Your prompt attention is appreciated,


 


Brett Loebel



This is a courtesy notice provided to give you a final opportunity to avoid additional and possibly significant legal fees. There is no legal requirement for me to provide this notice to you prior to commencing legal action.


 

Expert:  RealEstateAnswer replied 10 months ago.
You may want to give him a few additional days since he may send the check and you want to make sure you receive it and it clears. Next Friday sounds reasonable.

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