Landlord hasn't given us security deposit back

[bob8619]

Florida. Lease ended July 1st. Tried contacting landlord multiple times but never got a return call. I recently learned that she was supposed to send us a notice if she planned on using any of the deposit money but we never got that. I then read that failure to do that and they must forfeit the money in full? Just trying to make sure I interpreted the law properly before I try talking to her with legal threats.

 

[FlyingRon]

I assume you moved out (with proper notice) at the end of the lease?

They had 30 days to send you WRITTEN notice if they intended to withhold any portion of the deposit. If they didn't intend to claim, they had only 15 days to get your money back. You are owed the deposit back (with interest) now.

Send a WRITTEN demand for the deposit.
If that doesn't yield payment. File in small claims for it.

Note that even though the time has expired for them making a deduction from the deposit, they may still sue you for any damages you incurred.

Read this from the Jacksonville Legal Aid (should work for the entire state): https://www.jaxlegalaid.org/wp-content/uploads/2015/04/security-deposit-brochure.pdf

 

[bob8619]

Yeah we didn't break our lease or anything and moved out 2 days early, she knew months in advance that we were moving out of state once the lease ended. Thank you for your response.

 

[Just Blue]

Yeah we didn't break our lease or anything and moved out 2 days early, she knew months in advance that we were moving out of state once the lease ended. Thank you for your response.

Was the apt left in good order?

 

[bob8619]

Was the apt left in good order?

In my opinion yes. We gave the house a deep cleaning and had the carpets professionally cleaned. However some of the stains in the carpet didn't come out completely. There were 2 or 3 big stains already there when we moved in though. The only other issue we are responsible for was an approximately 1 sq foot dent in the drywall in the master bedroom.

 

[bcr229]

Do you have pictures of the condition of the place when you moved in and when you moved out? Were the carpet stains from when you moved in documented?

 

[bob8619]

Do you have pictures of the condition of the place when you moved in and when you moved out? Were the carpet stains from when you moved in documented?

I neglected to take any pictures of the place upon move in and before moving out. I know the landlord took pictures during the move out walk thru so I'm assuming she has pictures of how it was before we moved in. Surely if this ends up in court she will need to provide proof of what she claims we did, so I would guess that she would need to provide photos of before and after. Clearly I'm no lawyer so maybe I'm wrong.

 

[STEPHAN]

Did you provide them with your new address?

 

[FlyingRon]

As for court, your side is a slam dunk. If she didn't mail you the list of claims against the deposit, she was supposed to have already sent you back the money. If she sues (countersues) you over the carpet damage or whatever, you can argue that seperately.

 

[reenzz]

Yeah we didn't break our lease or anything and moved out 2 days early, she knew months in advance that we were moving out of state once the lease ended. Thank you for your response.

Did you give the landlord a WRITTEN notice?

 

[bob8619]

Did you provide them with your new address?

Yes we gave her our new address via text message the day we did the walk thru. Not sure if doing that over text was a bad idea or not but we do still have the text message on the phone.

Did you give the landlord a WRITTEN notice?

No written notices have been sent yet. Before I knew that they had rules to follow I just called and text numerous times asking what was going on but she never responded to anything. And are we talking hand written in the mail or just anything written that can leave a paper trail such as email?

 

[PayrollHRGuy]

No written notices have been sent yet

I believe the other member was asking if you gave written notice of moving out.

 

[bob8619]

I believe the other member was asking if you gave written notice of moving out.

Oh in that case no I did not. I figured staying til the end of the lease was all that was required of me.

 

[LdiJ]

Oh in that case no I did not. I figured staying til the end of the lease was all that was required of me.

Most leases contain a provision that you have to give 30 or 60 days notice if you are not going to be renewing the lease or going month to month. However, how did you arrange the walk thru if you did not give them notice that you were moving out?

 

[bob8619]

Most leases contain a provision that you have to give 30 or 60 days notice if you are not going to be renewing the lease or going month to month. However, how did you arrange the walk thru if you did not give them notice that you were moving out?

I gave a notice over the phone months before we moved. Just not in writing.