Palm Bay, FL asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida

Q: landlord told us to move 4 months into lease. We moved and she won’t give Deposit & last back as agreed. Is this allowe

Ok so back in 8/10/19 I moved into the house the landlord lived literally a crossed the street from me. The rent there was 1600. I paid $1600 deposit, last month, first month and 500 deposit fee. For my two dogs. One day the wife came and told us that she felt unsafe with my dog in the house and I would have to get rid of him or move out. (Mind you, she met my dog prior to us even signing lease and was in love with him) this came out of nowhere! So I told her as long as she agrees to give me my last and deposit back I will move because I am not getting rid of my dog because he didn’t do anything to no one. Which she did agree to return my 3200 via text message. So on 11/30/19 we had the house emptied and keys were returned. We requested she send the deposit withholding list for any repairs and she stated in mail but not I sent her what is called a demanding letter for security deposit and she replied to have an attorney reach out? I just want the withholding letter to plan my next move

1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

A: When landlords don't comply with the requirements of F.S. 83 Part II for return of security deposit or if there are other credits to be returned the former tenant has to resort to small claims court to recoup these funds. Small claims court is set up for persons to represent themselves although you can retain an attorney. Please review your lease to ascertain whether if you prevail you would be entitled to an award of attorney's fees. Check the website of your local clerk of court to ascertain costs for filing, procedure and forms that may be available to assist you if you will be representing yourself.

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