Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I moved out 3 months ago and the apartment complex has not

Customer Question
returned my security deposit and...
I moved out 3 months ago and the apartment complex has not returned my security deposit and refuse to give me answers. What can I do?
JA: What state are you in? It matters because laws vary by location.
Customer: I live in Florida
JA: Has anything been filed or reported?
Customer: No. I have gone to the office in the complex and they claim that the main office has been very busy and they have no answers.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know if they need more information
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
11/14/2016
Lawyer: insearchoftheanswer, Lawyer replied 1 year ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 55,800
Experience: Lawyer; developer/owner of RE developments.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Landlord-Tenant Question
Lawyer: insearchoftheanswer, Lawyer replied 1 year ago

The landlord has violated the Florida statute governing the return of your deposit. Now, the landlord has no legal right to retain it. Specifically, the relevant provision of Section 83.49 provides as follows:

"(3) The landlord or the landlord’s agent may disburse advance rents from the deposit account to the landlord’s benefit when the advance rental period commences and without notice to the tenant. For all other deposits:

(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 and may not seek a setoff against the deposit but may file an action for damages after return of the deposit."

So, what you want to do now is file suit against the landlord. Any claim up to $5,000 can be filed in small claims court without a lawyer. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if they don't then pay the judgment, you can have the sheriff serve a summons on them for a debtor examination. That forces them to meet you in court again and answer questions under oath about their assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any real property he they own to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons one is being sued, they will return your deposit rather than face this suit.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Landlord-Tenant Question
Ask insearchoftheanswer Your Own Question
insearchoftheanswer
insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55,800
55,800 Satisfied Customers
Experience: Lawyer; developer/owner of RE developments.

insearchoftheanswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I need to evict a resident the homeowner [landlord] wants
I need to evict a resident the homeowner [landlord] wants him out in 10 days. I'm as bright as a box of rocks and ***** ***** Landlord thinks I,m dragging my feet... hes incapable. 69 yrs old how do I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
My question is the following... The 31 of october perform a
Greetings. My question is the following... The 31 of october perform a lease in apartment for 12 months in Las Colinas Irving Texas.I need to cancel it because i got divorced and I go to Italy in Janu… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I am renting the second floor of a two family home in New
I am renting the second floor of a two family home in New Jersey. Today I asked my landlord about renewing the lease and he said we need to discuss an increase. The lease has no mention whatsoever of … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I live in a 4-plex in a 1 bedroom unit.been living here for
I live in a 4-plex in a 1 bedroom unit.been living here for over a 11/2 years rent free.The unit is owned by my ex girlfriend and her sister and their mother. For seven years even up until now I've ha… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
This question concerns CA Tenant Law. Am I speaking to an
I have received a "LEASE VIOLATION" notice for garage storage and I would like to know what options if any, I may have if any. … read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Man complained continuously about cockroach infestation at
Man complained continuously about cockroach infestation at apartment complex. Management had his apt sprayed but did not seem to help. Management blamed problem on former neighbor (moved away). Now ma… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Second opinion] Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
As landlord is there a maximum limit to respect to repair a
Hi. As landlord is there a maximum limit to respect to repair a hot water issue is there a legal limit? If not what is considered within reason? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know I never received… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
Trying to understand my options for getting my deposit back
trying to understand my options for getting my deposit back from a landlord … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
What's the definition of subletting in Berkeley, CA? A
What's the definition of subletting in Berkeley, CA? A family member of mine has moved in and does not pay rent. My landlord is asking to raise rent by 7% after we just had our rent raised by 3% a few… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I rent in sr ..housing. Was inspected yesterday. Inspector
I rent in sr ..housing. Was inspected yesterday. Inspector went into my closet and would have gone in my personal freezer. Was she allowed to do this? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have been late paying my rent for several months. My
I have been late paying my rent for several months. My mother became ill and past away. I had medical bills and funeral to pay for. My landlord has threatened me with eviction and has said that the pa… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
I hired a lawyer to represent me during my eviction and he
I hired a lawyer to represent me during my eviction and he didn't file my evidence I gave him during Discovery. He then quit and was dismissed as my lawyer 4 days before my trial even though I had alr… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,683 satisfied customers
I am trying to file a demurrer and want to request a meet
I am trying to file a demurrer and want to request a meet and confer how do I do that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I had a landlord who said he was going to replace my windows
I had a landlord who said he was going to replace my windows because they were very old and needed replacing (weren't blocking out noise from neighbors), and he never replaced them. He also said he wa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
This is regarding pets and new buyer of the home I;m
This is regarding pets and new buyer of the home I;m renting. The new buyer wants all the tenates to get rid of their pets. Can they do that> … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My brother lived in a studio apartment for 14 years and
My brother lived in a studio apartment for 14 years and recently moved out. He received a letter from the landlord indicating he is being charged to repaint the unit, replace drip pans, replace stove … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x