Palo Alto, CA asked in Real Estate Law and Landlord - Tenant for Florida

Q: It has been 30 days since we left the FL rental house but we cannot get our security deposit returned.

We emailed them on day 15 and got no response.

We did not do any damage to the house, other than normal wear.

What can we do next?

2 Lawyer Answers

A: You should review Section 83.49 of the Florida Statutes, which provides the specific details of your rights regarding this deposit. You will note that, among other things, the landlord is required to either deposit the money in a separate trust account or post a bond with the Circuit Court. So you could check with the court to see if a bond has been posted. If not, it appears that you would have to file a small claims action.

A: You may file a lawsuit against the landlord in court for the return of your security deposit. However, please be aware that if you did not provide the landlord with your new mailing address, the landlord may send all correspondence to the premises you just vacated.

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