• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

security deposit - FL

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

staceyl

Guest
security deposit - FL please HELP

What is the name of your state? Florida
I signed my one year lease in April 2001 - lease says landlord has 15 days to provide written notice of claims against my security deposit (old statute).. new statute effective Oct 2002 states he has 30 days. Landlord took 25 days to return small portion of deposit - along with letter stating his claims. Is the new statute retroactive to my lease (30 days instead of 15)? Did he forfeit all claims to my deposit?
 
Last edited:


abezon

Senior Member
A lease trumps a statute, so he was late returning your deposit. BUT, the lease was obviously based on the statute and a court may interpret the clause as saying he'll return your deposit within the statutory time. You'll have to go to court to see what the answer is. I'd tend to favor the 15 days unless the lease specifically references the FL statutes. The next question is, if he violated the lease but complied with the statute, has LL forfieted the right ot withhold $$ from your deposit? I notice you haven't told us whether the deductions were proper. Your case is much stronger if the deductions were improper and untimely under the lease. If you did the damage, the court may decide you're just trying to take advantage of LL and award nothing. Sue LL and see what happens. Then tell us.
 
S

staceyl

Guest
No - I believe the deductions were improper. I spoke w/ LL about early termination as I was moving to a new city. LL stated if I found new tenant - no problem. I did. The new tenant signed a new lease for my apt. and moved in on the day I moved out. LL deducted $500 for 'commission' to real estate agent, among other super inflated charges...repainting = $300, etc. The LL took 20+ days to notify me of his claims - after my calls to his office re: deposit. He still will not return any of my calls. If he 'trumped' the lease - does it make the entire lease void?? I don't know. My motivation is not the $$ - it is that the LL is a jerk and I had many problems with him not fixing things in a timely manner - i.e. termite infestation (had to replace entire kitchen) - so I lived with swarming bugs for a month...etc.. THEN he tries to screw me on dep...if he screwed up - I want to nail him.
 

abezon

Senior Member
Sue him. Since you found the tenant, there's no way LL was obligated to pay a commission to some real estate broker. Do you have pictures to show that the walls didn't need painting? Can you call the new tenant to testify that they didn't need painting or even that LL never did any painting? Drag LL's butt into small claims court before the end of the week. You'll have a trial in 30-60 days. Study the LT laws, take printouts of the ones that help your case to court with you, get witnesses, etc. Organize your arguments and hope the judge has a few working brain cells.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top