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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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My security deposit is being withheld and is there something

Customer Question

My security deposit is being withheld and is there something I can do
JA: Where is the property located?
Customer: clearwater FL
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: we were charged for two months before we got the keys, and the landlord was occupying the space. Also lived thru flooding with no reduction in the rent. Plus we were told that the house had a two car garage and a work shop, but there was not space for even one car.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month 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.

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Can you tell me how long since you vacated the dwelling and returned the keys?

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Has the landlord sent you any itemized list of deductions at all?

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Did you not look at the house before renting it to see what type of garage and shop it had?

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thanks

Barrister

Customer: replied 1 month ago.
We left the property on 10/3/2016The landlord ha not sent us an itemized list of deductionsWe did not view the house before renting. We lived in new Mexico and although I saw a brief video of the property. The garage was not empty so we took his word that it wood be cleared out when we arrived
Customer: replied 1 month ago.
would be cleared out!
Expert:  Barrister replied 1 month ago.

Ok, under FL law, the landlord has to send you an itemized list of damages and deductions within 30 days of you vacating the property if he intends on making a claim.

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If he has failed to send you a written itemized notice within 30 days of you moving out, then he is in violation of FL law and can't deduct anything from the deposit and must refund the entire amount.

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This is the law:

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FL Statutes 83.49

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If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

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So at this point, since it is well over 30 days, your recourse her is to file a small claims court lawsuit against the landlord and seek a full refund of your deposit..

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thanks

Barrister