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Please have an attorney licensed in Florida address my question: What

Please have an attorney licensed...
Please have an attorney licensed in Florida address my question:

What is the statute of limitations in Florida for a tenant to bring a Small Claims action against a landlord that withheld the security deposit - also was never notified if funds were in an account & where
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Answered in 33 minutes by:
5/4/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16,723
Experience: Attorney experienced in Landlord-Tenant Law.
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Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

Did the landlord / manager provide you with a notice imposing a claim on your security deposit within 30 days from the time you have vacated the rental?
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Customer reply replied 4 years ago

Not within the 30 days due to manager taking over and not mailing to last known which was unit I vacated. However, received notice they were going to keep entire $500 & I immediately disputed the pet deposit but never followed up with break down of thier cost & receipts - I think he is now back - but it has been a year - how much time do I have?

Dear XXXXX,

Under Florida Statute 83.49 (3) (a) the landlord has 30 calendar days to inform the tenant in writing regarding any imposition of claim on the tenant's security deposit:

(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days 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. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

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.

If your landlord failed to provide you with such required notice of imposition of claim to your deposit, then it would be illegal for the landlord to keep your deposit and you can file a lawsuit in the small claims court within 4 years from the time this dispute arose and also ask the court to award court costs to you as well.

I wish you the best of luck!

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Customer reply replied 4 years ago


Thank you; was aware of the statute just needed the time as apparantly it varies depending on the case. 4 yrs allows me plenty of time now to verify he is back in USA

Dear XXXXX,

Thank you and I wish you the best of luck!

Please click on the "excellent service" rating, so I can receive credit for my answer.

Bonus and positive feedback is always appreciated, but is not required.
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Customer reply replied 4 years ago

Can I ask one more question? Can I request triple damages (3x deposit) or at least interest for this past year?

Dear XXXXX,

You can sue for the actual deposit amount, any accrued interest, court costs and reasonable attorney's fees (if any).

I wish you the best of luck!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16,723
Experience: Attorney experienced in Landlord-Tenant Law.
Verified
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Alex J. Esq.
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Category: Landlord-Tenant
Satisfied Customers: 16,723
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