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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36215
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband and I moved out of the house we were renting

Customer Question

My husband and I moved out of the house we were renting 7/31/16 and handed the keys/garage door opener on 8/1/16 since the 31st was a weekend. We left the house in great condition and cleaned. It looked better than when we moved in. The company that works for the landlord has not sent a certified letter or intent to collect from the security deposit as of today's date 9/1/16. As to my understanding they have 30 days in the state of Florida. I wrote them an email asking for the deposit and the company stated that they sent a certified letter with the "remaining" deposit last week and should have it any day. It's past the 30 day mark for reviving anything. What are my options legally to get my full deposit back? Thank you....
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


The way this works is under a rule called the "mailbox rule".. If they have the deposit refund issued within the 30 days as denoted by the postmark on the letter, then they are within the time limits, even if the tenant receives it later than 30 days.


But if the letter is not postmarked within the 30 days, then they lose the right to retain anything. If they refuse to refund your deposit, or they missed the 30 day window, then your recourse is to file suit in small claims court under a breach of contract claim..





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