My landlord won't give my security deposit back, but sent the letter stating it 38 days after I vacated the premises.

Asked almost 2 years ago - Tallahassee, FL

My landlord sent a letter 25 days after I vacated the premises to the wrong address stating he was charging me extra for various reasons and not giving me my security deposit back. It was sent back to him, then postmarked 38 days after I vacated with the correct address on it. I sent him a cert. mail saying he was in violation of FS __ and I wanted my full security deposit back immediately. It has been 20 days and I have heard no response. Has he forfeited his rights to claim anything from my security deposit? Would it be wise to take him to small claims court? He has not returned any of my phone calls since the day I moved out - roughly 10 calls, 3 voicemails, over the past 2 months. Please help!

Attorney answers (1)

  1. Barry A. Stein

    Pro

    Contributor Level 18

    Answered . IF the landlord had the correct address his letter sent late will not be effective as to the security deposit. HOWEVER, he does not lose his rights to claim damages to the apartment/house. You can file a small claims action, but he can file a counterclaim for the alleged damages and the Court can make that a setoff against the security deposit. You can hire an attorney as there is an attorney's fee provision if you are successful in getting the security deposit returned.

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