jeff_and_candi
Junior Member
What is the name of your state (only U.S. law)? Florida
I recently moved out of a 3 bedroom, 2 bathroom house in Manatee County, Florida in which my family and I thouroughly cleaned, filled all picture nail holes, and vaccuumed prior to vacating. My landlord, who resides in California, waited over two months to send me a refund of my security deposit, of which, he deducted $635.89 for "repairs and cleaning". Keep in mind that he has not to this date supplied us with a copy of the bill to substantiate his claims. Now I am out $635.89 and he has no intention of paying it back to me. Now, as I understand it, according to Florida Statute 83.49(3) states as follows:
When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.
I never did receive a written notice of claim as stated in the above-mentioned statute, by the way. If I am not mistaken, I am entitled to the entire security deposit, right? But how do I get it back when he lives in California and I live in Florida?
I am on a very tight budget and really need him to pay me the money he owes. Please help.
Candi
One other thing that I forgot to ask above; Can I cash the check that he has sent me and still sue for the rest or does cashing the check signify that I am satisfied with the refund?
I recently moved out of a 3 bedroom, 2 bathroom house in Manatee County, Florida in which my family and I thouroughly cleaned, filled all picture nail holes, and vaccuumed prior to vacating. My landlord, who resides in California, waited over two months to send me a refund of my security deposit, of which, he deducted $635.89 for "repairs and cleaning". Keep in mind that he has not to this date supplied us with a copy of the bill to substantiate his claims. Now I am out $635.89 and he has no intention of paying it back to me. Now, as I understand it, according to Florida Statute 83.49(3) states as follows:
When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.
I never did receive a written notice of claim as stated in the above-mentioned statute, by the way. If I am not mistaken, I am entitled to the entire security deposit, right? But how do I get it back when he lives in California and I live in Florida?
I am on a very tight budget and really need him to pay me the money he owes. Please help.
Candi
One other thing that I forgot to ask above; Can I cash the check that he has sent me and still sue for the rest or does cashing the check signify that I am satisfied with the refund?
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