How to get my security deposit back if I was not properly notified of my landlord’s claim for damages?

UPDATED: Sep 16, 2011

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How to get my security deposit back if I was not properly notified of my landlord’s claim for damages?

After 60 days of moving I was finally able to speak with a realtor of the apartment where I was a tenant. This was after a month of calling and being told my call would be returned or I would be emailed (every time giving contact info again). I was told a claim had been sent 7 days after the move (to my old address) via certified mail by an employee who left the agency shortly after. They acknowledged that they never received verification of delivery but made no other attempts to contact me. I did leave new address with realtor during walkthrough. Can I get full security back?

Asked on September 16, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all states in this country, there are statutes requiring that the landlord return a former tenant's security deposit withing a certain time period of move out (usually 21 to 45 days). If the full security deposit is not returned within this time period, the landlord is required to send an itemization of the debits and what they were for with invoices/receipts showing the actual costs for any repairs.

If you have yet to receive the return of your security deposit, you need to contact your former landlord and advise him or her that you have yet to receive it to date. You then follow up the telephone call with a written letter (keeping a copy for your records) requesting its return by a set date.

If you do not receive it by then, your option is small claims court.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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