Q: Am I at the point of needing to hire an attorney to get my security deposit back?
My lease ended on July 31, 2017. In a certified letter dated August 31, 2017 (outside of the 30 days), which was received on Sept. 2, 2017, I was notified of claims against my deposit. On Sept.16, 2017 ( within the 15 days from receipt of landlords claim) I sent via certified mail my rejection of the claim and a demand letter for return of my entire security deposit because the landlords notice was not timely since it was dated outside of the law's 30 day requirement. There has been no response to my demand letter, or dispute of claim letter. Today Sept. 20, 2017 I received via certified mail a letter and check saying the deductions were taken. I am not cashing the check. Do I return it to the landlord or not cash it and just sue her for the balance of my money. I think I need an attorney. Any help is appreciated. Thanks
A:
You should hire a lawyer to review your case and prepare a formal legal demand. I have done this for clients in the past with good success.
If you don't need the money immediately, you could return the check to the landlord together with a demand for full payment. I would not recommend that route however. As they say, "a bird in the hand is worth two in the bush" and "possession is nine tenths of the law." Rather than return the check, you could endorse (sign) it, but also print below your signature that it is being "accepted under protest." That should help preserve your right to claim the remaining balance of the security deposit, assuming you are actually entitled to it.
The technical issue of slightly untimely claim on the deposit monies may lead to you prevailing in the action, but if the premises were truly damaged, the one day late notice may not be enough in the eyes of the court to award you a windfall because there are other legal theories that may allow the landlord to recover the damages outside the terms of the lease agreement and Florida Statute 83.49(3).
Good luck!
Griffin Klema
https://klemalaw.com
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