How binding is the 30 day rule for a landlord to contact a former tenant about a security deposit?
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How binding is the 30 day rule for a landlord to contact a former tenant about a security deposit?
I received a certified letter dated 2 days ago, stating that my former landlord intends on keeping my security deposit, of which I object. Before getting into specifics, am I able to fight him based solely on the date of the arrival of the letter? I vacated the apartment and handed over keys 43 days ago. Does the law state 30 days from physical vacancy or the end of the lease? (ie lease ends o the 30th, tenant surrenders unit and keys on the 18th, and landlord’s letter arrives on the 31st, dated the 30th).
Asked on August 1, 2012 under Real Estate Law, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The landlord must send the letter within 30 days of your move out. He is not entitled to this money if he sent the letter after 30 days or if he did not prove proper notice as set out by the Florida statutes regarding the keeping of your security deposit. Talk to the state attorney general or county attorney if you dispute your landlord's actions or take him to small claims for demand of all of your deposit money back.
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