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    Conniechile's Avatar
    Conniechile Posts: 1, Reputation: 1
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    #1

    Apr 28, 2013, 06:32 PM
    Landlord who is an LLC registered in Florida refuse to give back the deposit
    I rented an apartment in Florida for 3 years and moved out 2 months ago. When I first moved in back in 2010 , I paid 2 security deposits and first month rent. One security that was paid directly to the condo association for common areas and another one for the actual apartment. I left this property on March 1st and after the inspection, I was told that I will be receiving my deposit back. I received the condo assoc deposit but the one from the owner I did not. It's been now almost two months and the real-estate agent who has the legal right to manage the apartment claims that he never received a deposit from me. I provided him with copies of all the checks, original contract and emails, after, reading all this, he claims that the so call deposit was the last month rent. In any case, I provided copies of the last month check. His last email said that he will not refund any money to me and that its up to the owner to decide whether he wants or not to return my money. The original contract is written in such way that is not very clear that there were two deposits. The addendum of the contract say that I agreed to pay for the common area condo deposit and the actual contract say that I agree to pay for a security deposit. I have copies of the three checks that were cashed back when I moved in and the last month check that was also cashed.
    What can I do? I need my money.
    Help.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Apr 28, 2013, 07:26 PM
    You have more than enough evidence to make a very good claim. File a lawsuit in small claims court against the landlord and the real estate agent for the return of your deposit.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 29, 2013, 03:34 AM
    A landlord is required to return the deposit or an accounting of how it was used within a statutory amount of time. I'm not sure what that time frame is, but if you moved out 3/1, I'm sure its expired. I believe, under the statute, the landlord forfeits the right to use that deposit if he misses the deadline. I also believe that FL law allows you to sue for treble damages in that case.

    So file in small claims court.

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