Urgent Landlord canceled my security check she wrote me

[DanielHarageone]

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

We gave our landlord a verbal 30 day notice over the phone that we were going to be out the house at the end of October.

We were completely out by the end of our final day. I called her on the 4th of the following month and gave her my new address. She called around the 8th I think to get the keys from me and to do the assesment on the house for the security deposit.

We met up with her she assessed the house wrote us a check for $900. I did not look at what she wrote until I left the house. When I did I new that we did not put that much down for security so we turned around and was honest with her. She wrote us a new check for $600. We said our thanks and left

Later on that night she said her husband was mad about giving us the whole $600 back. and that they would get back with us. Now they continue to say well we did this to the house we did that to the house they had to do this.... blah... we did not do any damage to the house. We did paint the walls because we had permission. The floors had to be shampood but when we had moved in they were allready old old.

What rights do I have if I took her to small claims. I have the check the assessment was done and by florida chapter 83 landlord tenant laws states that if I do not get a certified mail stating what damage was done and why they are keeping all or part of the security then it gets forfited to me.

Thanks for all the help What is the name of your state (only U.S. law)? FLORIDA OKaloosa County

 

[Indiana Filer]

Since you didn't return the keys to her until after November 8th, you still had possession of the residence. You were not out at the end of the previous month. It doesn't sound like you should get your full security deposit back since you weren't out.

 

[BL]

File suit and let them explain why they did an about face and let them prove why they should be able to keep your SD .

 

[Ronin]

Seems like you have a good chance on getting your money.

It is correct about the notice required prior to withholding a deposit, and that if it is not made, the landlord forfeits any right to the money. A college roomate of mine in Gainesville who was a law student used that one to get our deposit back from an apartment complex manager who did not want to refund it.

You also have the argument that the landlord actually gave you a refund check, which clearly implies she was ok with returning your deposit. If she failed to diligently verify everything before isssuing the check, that is her problem.