Spring Hill, FL asked in Consumer Law and Landlord - Tenant for Florida

Q: If a tenant disputes the landlord's claim within 15 days, how long does the landlord have to respond back/send balance?

Our former landlord sent notice of their intent to keep our security deposit within 30 days. I wrote a letter back within the 15 day window, disputing the claim, and asked for my deposit back within 30 days of my letter being sent. The landlord has failed to return my deposit and tried to claim they didn't receive my letter. However my tracking receipt shows the letter was delivered and picked up in-person within my 15 day window.

2 Lawyer Answers
Steve Louis-Charles
Steve Louis-Charles pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: When mailing time sensitive legal correspondence it is always better practice to mail it certified mail return receipt. While standard mail tracking information does provide some evidence of compliance with the law, courts tend to be more persuaded by delivery via certified mail. Moreover your only option here is to file a small claims action against your landlord for failure to return the full deposit. Hope this helps.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: The pertinent statute is FS 83.59. (It is too lengthy to attach here but will come up with a google search).

The statute gives the time lines of 30 days for the landlord to make the claim and 15 days for you to object. The statute does not give direct guidance beyond that. Your option would be to file a small claims action to seek a hearing on the security deposit issue.

Good luck,

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.