Landlord didnt tell me where my sec. depo. was being held. am i entitled to it back in full now?

Asked about 4 years ago - Tampa, FL

My lease was up last month and i moved out. Cleaned up an no damage to unit. They refuse to give me my security deposit back. Landlord did not notify me where my money was being held. That entitles me to my security deposit back right?

Attorney answers (1)

  1. Ian C. White

    Contributor Level 9

    Answered . When you moved out did you provide the landlord with a forwarding address? If you did, Florida Statute 83.49 requires that a landlord send written notice to you with the amount they are claiming against your security deposit. This notice must be sent within 30 days after you vacate. However, if you don't provide the landlord with a forwarding address, the landlord isn't bound by the 30-day timeframe. In that situation, you would want to mail a letter to the landlord with a request for your deposit back and showing where you now reside.

    Assuming you vacated and provided the landlord with a forwarding address, the landlord must return all of your deposit (even if they had legitimate damages) if the notice was not sent within 30 days of you leaving. This doesn't mean the landlord can't come after you for the alleged damages. It would just require the landlord to file a law suit against you and then prove to the court the damage amount.

    The notice from the landlord must have substantially similar language as required in Florida Statute 83.49(3). Therefore, even if the landlord sent notice to you, but the notice did not have the proper language, it would be considered defective and allow you to get your deposit back.

    If the landlord still won't return your deposit, your only other option is to file an action in the county court where the property is located. In your situation, you would have to file an action against the landlord in Hillsborough County (assuming this is the County where you lived).

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