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How to get my security deposit back

Gainesville, FL |

I rented a mobile home from March 2012-May 2013. I put down a $1375 security deposit with the understanding that $100 would automatically be kept for cleaning. On they day of my move out (5/31/13) a walk-through was done, and I was informed that while they realize the law says the security deposit is to be returned in 30 days, it may not be 30 days due to some accounting issues at the corporate level.
She asked me to please bear with them that it may be about 45 days but it will be coming. No, I did not get this in writing. I appreciated her informing me of this so I said okay. I didn't bother expecting it in 30 days. However, on July 8 2013, I got a call from the manager saying they had sent my deposit but it went to the old unit I used to live in, in their complex and had just been re

had just been returned. I explained I don't know how that was possible when I gave the assistant my new address and watched her write it down on the move out form. She asked for my address again and I gave it to her. She said she was putting it back in the mail that day. I didn't move out of town so I was expecting it by the end of the week (7/13/13). It didn't come. I decided to give it a few more days. As of Friday, 7/19/13, it still hasn't come. I called on that day and left a message, I also sent an email that day, with no response. I called on Saturday, and was told that the resident manager was away on a training that week (how convenient) and would be back in today, 7/22/13. However, still no response to the two phone calls and the two emails I have sent (just sent another email this morning). What can I do at this point?

Attorney Answers 1


  1. After you vacated the rental property, under Florida Statute 83.49, your landlord had 15 days to either return your deposit, or 30 days to notify you of his or her intent to impose a claim on your deposit. The written notice from the landlord had to be sent to you at your last known address by certified mail. If your landlord failed to comply with this statute, then he or she forfeited the right to impose a claim and must return your entire deposit.

    I recommend that you send a letter to your landlord by certified mail, return receipt requested, demanding the return of your entire deposit. If your landlord fails to respond, then you will need to file a law suit in county court for the deposit.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information provided by this website is not intended, nor should it be construed, to be legal advice. Your use of this website, and/or the sending of information to the Fucillo Law Firm, P.L., does not establish an attorney/client relationship. Please do not send us any confidential or privileged information until such time that an actual attorney/client relationship is actually established.

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