How do I get my security deposit back when I left an apartment in good standing?
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How do I get my security deposit back when I left an apartment in good standing?
I moved out of my apartment about 2 1/2 months ago, yet still no security deposit has been returned. I left the place in perfect condition and provided an accurate forwarding address. I’ve called, left messages and emails with the leasing department for the last week and no one has responded. Now when I call they put me on hold indefinitely or send me to voicemail. What do I do?
Asked on June 6, 2012 under Real Estate Law, Florida
Answers:
Mitchell Goldman / Law Offices of Cantwell and Goldman, P.A.
Answered 11 years ago | Contributor
Pursuant to Florida Statutes Title VI Chapter 83.49, the landlord has three options for holding a security deposit, all for the tenants’ purposes. The deposit can be held in a non-interest bearing account in a Florida banking institution, in an interest-bearing account, or in a surety bond. Within 30 days of receiving the advance/security deposit, the landlord must notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant.
After vacating of the premises for termination of the lease, the landlord has either 15 days to return the security deposit (together with interest if applicable), or has 30 days to give the tenant written notice by certified mail, to the last known address of the tenant, of the landlord’s intention to impose a claim on the deposit and the reason for such imposition.
Now, if the landlord fails to give the required notice within the 30-day period, he or she forefits the right to impose a claim on the security deposit.To me, it sounds like you have not received such correspondence. Be sure to double check any and all possible mailing addresses that could be used by the landlord. If nothing shows up upon that double check, go meet the landlord in person and inform them that you know they have lost the right to impose a claim on your security deposit, and that legally it is yours and should be refunded to you. If the landlord does not do so, you may have to file suit in small claims court seeking a refund of your security deposit.
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