I was previously a tenet at an apartment complex. after moving out my landlord or property manager refused to return my security deposit i disputed the landlord keeping my security by faxing a letter and sending an email of dispute to the address listed. the fla statue states that when disputing a landlords claim against a security deposit u have 15 day and must send it to the landlords address. in this case the landlord address was a place of business, and i sent it to the companys fax number and company email, am i in compliance with the statue?
State, Local, and Municipal Law Attorney
In order to dispute the withholding of a security deposit, you must send your objection to the address listed in the notice within 15 days of receiving it. If the notice you received stated that your objection could be sent to the email or fax number that you sent it to, then you have done what you need to.
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Landlord / Tenant Lawyer
The 15 day requirement is to respond if the landlord first provided YOU with notice of intention to make a claim on the security deposit. If the landlord never sent you this notice, you did not have to comply with the 15 day rule. But in any event, it is good that you made a demand and sent it by various means. I think you will be Ok as far as the notice goes. However, under certain circumstances, if the landlord failed to make a claim within 30 days after you vacated, you may be able to get all your money back because the landlord waived their right to keep it. I would contact a local landlord-tenant lawyer for assistance. Some will take the case on contingency because the landlord might be liable for all attorney fees.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. 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. Landlord/Tenant, Appellate and Criminal Defense. Robert Devin, Esq. (954) 647-5927, 200 SE 6th St., Suite 603, Ft. Lauderdale, FL 33301 email@example.com
I agree with Attorney Devin. It’s not clear from your question whether your manager provided you written notice, or simply verbally told you that your deposit would not be returned. If your landlord never sent written notice to you by certified mail of his or her intent to impose a claim on your deposit within 30 days of you vacating the property, then your landlord forfeited the right to any claim on your deposit.
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