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how do I get my security deposit back

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pm2411

Junior Member
What is the name of your state (only U.S. law)? Florida

I moved in mid April. The landlord required a huge security deposit plus rent. I never received a copy of the lease. Two weeks later, before rent was due, I knew I was going to be short and called to tell him I was going to be a few days late. The day after rent was due, a 3 day notice was posted on my door. I attempted to contact him and his lawyer several times and left messages but never got a response. 2 (yes 2) days later, I got a 5 day court order on my door. I was not able to come up with the full amount that soon so followed the 24 hour eviction. I was able to leave in 24 hours, tho no one came to enforce the order or collect the keys. Now I'm coming on 30 days after my eviction. The landlord still has not returned my security deposit, nor has he given me reason why he's keeping any of it. I have no problem paying rent for the time I was in residence, but the security deposit was full 2 months rent, so I've got some money due me. The house was cleaner and in better shape when I left than when I moved in. I understand he has 15 days to return my deposit or 30 to tell me why he's not. I'm certain he has no intention of doing either. The neighbors said I was his fourth eviction in a row. I'm sure he's just kicking people out and pocketing the cash. After 30 days has gone by, what steps do I take to tet my deposit back. Is this something I need to file in court? Any advice would be appreciated
 


Gail in Georgia

Senior Member
After your eviction, did you notify your landlord of your new address where they could send information regarding the status of your security deposit?

Gail
 

pm2411

Junior Member
After your eviction, did you notify your landlord of your new address where they could send information regarding the status of your security deposit?

Gail
I have not been able to speak with him. He has my previous address and of course, the property I just left, both of which have forwarding orders at the post office to where I'm staying. He also has my phone numbers and email if he had a question.
 

Zigner

Senior Member, Non-Attorney
Why do you think you're entitled to the return of your deposit? If the court ordered you to leave, it likely also ordered that your security deposit would be used to cover the rent that the landlord got stiffed for.
 

pm2411

Junior Member
Why do you think you're entitled to the return of your deposit? If the court ordered you to leave, it likely also ordered that your security deposit would be used to cover the rent that the landlord got stiffed for.
Excuse me, but the tone of your reply is coming across a bit hostile.

My rent was 1425.00.

I left owing a month.

My security deposit was 3000.00.

There was no damage to the property. It was left in better condition than upon my arrival.

In most places 3000 - 1425 = 1575.

Are you implying that I should not receive this back?

And no, the appropriation of my security deposit to cover rent was NOT ordered by the court. ALSO as I said in previous posts, several attempts were made to contact the landlord, and he refused to respond, instead barrelling into eviction after one day, no grace period, even when attempts were made to work it out prior to the due date. I never even got a copy of my lease. The tenant before me, her husband died in a car accident. When she called to tell him she would be late with rent he told her sorry but if you don't have the cash by the end of the month you're out.

Nice right
 

Gail in Georgia

Senior Member
You appear to believe that, legally, your landlord should have "worked" something out with you when you notified them you were going to be late with your rent.

Unfortunately, they are not required to do so and instead, began the process of eviction due to failure to pay rent.

They also have no legal obligation to call or email you.

If you believe you are owed funds from your security deposit and/or wish to sue because you have not received these funds within the required time period for your state, you begin researching how to file a lawsuit in the state of Florida. Such lawsuits are typically handled through Small Claims court as they involve relatively small amounts of money in dispute. Filing for this is usually inexpensive and you would represent yourself in this court so hiring an attorney would not be necessary.

Gail
 

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