Small claim filing for SD in FL

[ProSeAgain]

What is the name of your state (only U.S. law)? FL

I rented a home for 4 years, but after the first 1-year lease term expired, no new lease was signed, therefore, I became a month to month tenant. Although FL statute only requires me to give 15 day notice to vacate, I gave 30. I expected to receive my SD in full within the statutory deadline of 15 days, I did not. I then waited the statutory 30 days to receive notice of intent to claim on my SD, did not receive this either. I then sent a CRR demand letter for return of my SD to my LL, which they received a week ago. My question is, how long should I (do I have to) wait to get my SD before filing in small claims court? I couldn't find anything in the FL statutes regarding the timeframe in which the LL is required to pay after demand is made.

 

[sandyclaus]

What is the name of your state (only U.S. law)? FL

I rented a home for 4 years, but after the first 1-year lease term expired, no new lease was signed, therefore, I became a month to month tenant. Although FL statute only requires me to give 15 day notice to vacate, I gave 30. I expected to receive my SD in full within the statutory deadline of 15 days, I did not. I then waited the statutory 30 days to receive notice of intent to claim on my SD, did not receive this either. I then sent a CRR demand letter for return of my SD to my LL, which they received a week ago. My question is, how long should I (do I have to) wait to get my SD before filing in small claims court? I couldn't find anything in the FL statutes regarding the timeframe in which the LL is required to pay after demand is made.

According to FL statute 83.49 regarding security deposits, once the required time has passed for return of security deposit or a notice of his intent to make a claim on the deposit, and you have notified LL of his waiver of any rights to make a claim against the deposit, you no longer have to wait to sue.

There is no additional waiting period required, and if LL hasn't responded by on his own, its unlikely he will unless served with court papers.

Do that, and see if LL decides to come around (you could even demand your filing fees back plus the deposit as a condition of dropping the case if LL agrees and complies).