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    intothevoid2007's Avatar
    intothevoid2007 Posts: 7, Reputation: 1
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    #1

    Jun 21, 2008, 12:16 PM
    How long does landlord have to return deposit in Florida?
    I am thoroughly confused by the wording in the law. I moved out June 1st (walk-through went well with no hitches or problems) and have not received my security deposit. It is my under standing that they only have 15 days to either A)return the deposit in full OR B)send me a certified letter stating they are going to make deductions and what they are.

    But when I read the law in the law book, the way it reads to me, is that they have 15 days to give it to me in full or 30 days to return it if they plan on taking deductions from it (WHICH THERE SHOULD BE NONE).

    So law experts, can I call and threaten to sue now or do I have to wait the 30 days?? I am just totally confused on what to do and don't want to call and threaten if they have the next 10 days to get it to me... Any help would be greatly appreciated and remember, I am in Florida...
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 21, 2008, 12:22 PM
    Florida Security Deposits
    intothevoid2007's Avatar
    intothevoid2007 Posts: 7, Reputation: 1
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    #3

    Jun 21, 2008, 12:25 PM
    That is not answering my question... you are quoting the law and I don't understand the interpretation of it!!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Jun 21, 2008, 12:37 PM
    The landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address.
    I 'interpret' it the same you did that the landlord has 30 days if he is making deductions.
    You can call and ask him what's up with your refund.
    intothevoid2007's Avatar
    intothevoid2007 Posts: 7, Reputation: 1
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    #5

    Jun 21, 2008, 12:42 PM
    Yeah, but the danger in calling him is that it will remind him of it. IF he doesn't reply within 30 days, he can make no claim on my deposit AT ALL... I can sue him then and it should be a slam dunk... Here's my plan, once I find out from all you law experts, is to call him after the 15 or 30 days and give him 24 hours to return it to me---I'm trying to stay out of court and not waste a bunch of time... If it is 15 days, he is too late now but if it's 30 he still has 11 days so I don't really want to call him until I can confirm!!
    simoneaugie's Avatar
    simoneaugie Posts: 2,490, Reputation: 438
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    #6

    Jun 21, 2008, 12:54 PM
    You could send him a certified letter inquiring as to why your deposit has not been returned. If you do this, make copies of everything so that you have a record.
    intothevoid2007's Avatar
    intothevoid2007 Posts: 7, Reputation: 1
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    #7

    Jun 21, 2008, 12:58 PM
    Again, I don't know if I want to tip him off. I think he just forgot. But this is what I mean-look at these sights and the way they read...


    Florida Residential Real Estate Law, Renters' Rights, by Janet Logan, Esq., from Florida PIRG Info, http://www.keysso.net/civil_division...n_pamphlet.pdf


    The way they all read his time is already up... So I am torn... I really don't want to say anything unless I know 100% without a doubt that he has already passed his time to give it to me...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jun 21, 2008, 01:07 PM
    The issue, if you do anything now, he will claim 2 dollars for a scratch on some wall and be within his 30 days right, So if you wait for 30 days and he has not did anything, then you can sue for it all without him having any recourse.
    intothevoid2007's Avatar
    intothevoid2007 Posts: 7, Reputation: 1
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    #9

    Jun 21, 2008, 01:14 PM
    That's what I was thinking also... Play it safe and wait the 30 days... But if I didn't have to I sure could use the money now...
    LILL's Avatar
    LILL Posts: 212, Reputation: 15
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    #10

    Jun 21, 2008, 01:42 PM
    The landlord could claim that you never gave him a fowarding address... even if you did, you would have to prove it in court. I've seen this happen all too often.
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