Has been 37 days have not received security deposit from landlord. Are we entitled to the total deposit now?

Asked almost 2 years ago - Port Charlotte, FL

Landlord failed to provide proper notice to keep part of the deposit. Landlord stated it was sent on 30 October by certified mail have not received the letter. Florida Statue states must be received with in 30 days. Landlord states that a copy of the postal stamp stated 30 October is valid weather we receive it or not. Can you advise

Attorney answers (2)

  1. Tim A Pribisco Jr.

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Your landlord is required to send you notice by certified mail at your last known address. Section 83.49 (3)(a), Florida Statutes.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office... more
  2. Carol Lynne Zimmerly

    Pro

    Contributor Level 19

    Answered . Landlord cannot make a valid claim on the security deposit unless he mails you a certified letter advising you of such within thirty days.

    If landlord did not follow the Florida Statutes, then he has to return the deposit, whether or not there is a balance owing on your account.

    Did you give the landlord your forwarding address for mail?
    Did you check with the USPS to make sure the forwarding of the mail began on time?
    If the landlord sent a legally-sufficient letter to the address you provided him, then he is covered whether you receive it or not.

    However, you should send the landlord a letter certified mail return receipt requested (1) demanding your deposit back and (2) demanding a copy of the letter he claims to have mailed you (3) and demanding a receipt number for the certified mail he claims to have sent it with on Oct. 30th.

    You may have to hire a local lawyer to look at the facts and advise you on the next step.
    Good luck!

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