If my overdue security deposit was sent to wrong address, should they be required to overnight it to me since the time frame stated in lease has expired?

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If my overdue security deposit was sent to wrong address, should they be required to overnight it to me since the time frame stated in lease has expired?

I moved out of a property andreceived a letter at my new address stating that  the only deduction from my security deposit was a cleaning fee. The contract states they must return deposits within 30 days from the date that the tenant gave notice. The letter allows an extra 15 for tenant to dispute so this, for a total of 45 days. The 45 has passed and upon inquiring, I found out that they sent it to the wrong address. The prior letter came to my new one so I find this inexcusable. As a single mom this money is critical ($750!) My car and life insurance will expire next week. They say that they will cut a check by end November.

Asked on November 10, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ok, so let's check a few things here. 

First, you gave them the required notice of the new address (I am assuming same becuase you say that the first letter went there). Second, they complied as per the law since you did not dispute the cleaning deduction. So then the landlord had to remit the balance of the deposit to you after the date of the notice of intention to impose a claim for damages.  What you are claiming is that they have gone way beyond the 30 days.  I would give them a call and let them know that they are in violation of the law in Florida as to the return of the security deposit and that if it is not remitted immediately you will contact an attorney whose fees are recoverable from the landlord under the Florida statute. Tell them you will come and pick up the check personally.  See if that helps.  If it does not then contact an attorney and ask about penalties that may be imposed as well.  Good luck. 


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