Q: Can a landlord take the difference in rent out of your security deposit when you paid F/L/S? Moved out over 30 days ago
Was not given anything in writing about keeping the money just verbal and it has been 45 days since I moved out.
A: Pursuant to Florida Statute, Section 83.49(3)(a), your landlord was required to provide you with written notice within 30 days if they intended to keep any portion of your deposit. Failure to give notice forfeits your landlord's right to keep any portion of the deposit. If they do not refund your deposit, I would file a small claims and recover your costs. Best of Luck! Jennifer
A:
Based upon the facts that you present, it sounds like the landlord violated FS Chap 83.49. I suggest that you should consult with a tenant rights attorney in your area in regards to seeing what can be done to get your money back. Chap 83.49 has a prevailing party attorney fee provision, and on the facts that you state you will most likely prevail if the landlord failed to follow the statute to the letter. ie: this might be a situation where you can in theory get a free lawyer as the landlord will ultimately owe the lawyer fees in the end.
Important - consult with an attorney to get a detailed analysis, as my comments are general in nature and I obviously have not reviewed any of your documents.
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