QUESTION

Landlord is refusing to return security deposit

Asked on Mar 25th, 2014 on Real Estate - Florida
More details to this question:
4 years in home; wasn't painted when moved in; landlord trying to keep $550 of $1,000 to pay for new paint; We did walk through w/manager and all was acceptable; notice via certified mail regarding claim of $550 not received by us until 40 days after vacating. No claim to money per state statute, but they won't comply. Who do we notify?
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1 ANSWER

Take a look to FL Statutes 83.49(3)(a).  If the landlord is making a claim on the security deposit he has 30 days from when you left to send the notice by certified mail.  You then have 15 days from receipt to respond if you are disputing it.  Ok, so here, if I understand, you moved out at the end of the lease and the landlord sent a notice that he was claiming $550 out of the $1,000 security deposit for “paint.”  You disagree regarding this charge.  You should respond as such.  That may just result in you getting back $450, in which case you’ll need to take the landlord to small claims court for the remaining $450.  You can do this on your own, but you may find it helpful to hire an attorney to help you out.  Some handle these types of claims on a payment basis that makes sense – but that’s a situational thing.  You can find info on small claims procedures from your county’s clerk of court (generally on the website.)  Best of luck.
Answered on Mar 26th, 2014 at 3:00 PM

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