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RobertJDFL, Lawyer
Category: Real Estate Law
Satisfied Customers: 13853
Experience:  Experienced in multiple areas of the law.
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My wife and I moved out of a property 35 days ago. We were

Customer Question

My wife and I moved out of a property 35 days ago. We were waiting to receive our deposit check. We received a certified letter, and in it was a list of why we weren't getting 1 cent back. The realtor stated that there was a burn on the counter near the stove, $330.00 worth of damage, and $800.00 worth of smoke damage from my BBQ grill on the back porch. Upon reading this, I promptly went to the former home, and videoed the supposed damage. I wet my fingers and began to wipe the affected area, cleaned right off. No damage, nothing burned, or melted. We waited for a move out inspection, never happened, now its just they said so, so to bad for us. It stinks and I'm not taking it without putting up a fight. Please advise. Thank you. This is in Florida, btw.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

Under Florida law, a landlord who plans to dispute the return of part or all of the security deposit must do so within 30 days of the tenant's moving out to the address they have on file for the tenant. First, if you did not receive this letter within 30 days, Florida law says that the landlord is not entitled to keep even a single cent of the security deposit. Since you object to this, under Florida law, the first thing you must do is send notice of your objection of the deduction in writing, to the landlord/property manager within 15 days from the date you received the notice. I would send the notice of your objection with tracking or certified so you have proof of delivery. Be specific in which items you are disputing. List them out individually, even though you may object to all of them.

Once you object to the claim against your security deposit within 15 days the landlord is not allowed to remove the amount in dispute and is actually required bring you to Court to make some kind of agreed settlement. If your landlord does not follow these steps, then your only option would be to take him or her to court so the court may adjudicate who is entitled to the security deposit and in what amount.

If you need clarification or additional information, please REPLY and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 1 year ago.

Did you have any further questions regarding this matter I could assist you with? If so, kindly REPLY and I'll be happy to help you further. Otherwise, please remember to leave a positive rating (3-5 stars) for me, as that is the only way experts on this site are compensated for their time and information, even though you may have already left a deposit. Thank you.