Q: Tenant not getting deposit back.
Never got deposit back after around 60 days. They claimed to have sent it already. I asked about it and they said it was sent and to let them know if I don't get it and they will resend. I never got it and asked, then they claimed I owed them money. I stated FL statute 83 to them, they claimed that they can't control the post office. Can they legally do this? I don't think they ever sent a letter and when I asked for a timestamp from when they claimed they sent it, they told me they don't have to provide that. What can I do?
A: When a landlord fails to comply with the statute requiring either return of a security/damage deposit within 15 days or instead, a letter via certified mail within 30 days explaining why the landlord is retaining some or all of the deposit, the tenant may file suit against the landlord in small claims court for the amount of the deposit plus court costs, and if the tenant has an attorney, for attorney's fees as well. Therefore, your options include (A) file suit immediately, (B) first send a demand letter stating you WILL file suit if the landlord does not either return the deposit in full or provide you with a copy of the letter sent to you via certified mail and the USPS tracking number proving when it was sent. If you first send a demand, give the landlord a deadline (of your choice) to comply, and keep a copy of your letter and your proof of sending to give you additional evidence if you have to file suit.
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