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

Port Charlotte, FL |
Filed under: Landlord-tenant

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


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 of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton (904) 854-6336.

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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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