When suing for my security deposit, do I specify Property Mgr. - employee of Caldwell Banker, or Schlitt Propery Mgt.?

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1. Licensed in FL

   

   Paul S Vicary

   Coral Gables Landlord / Tenant Lawyer

   Contributor Level 11

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   Answered February 08, 2013 10:35. It would be best to name both the landlord (which appears from what you say to be Caldwell Banker) as well as the property management company (Schlitt Property Management) as the older of the funds. You may wish to consult a local landlord/tenant attorney to assist you in preparing your complaint.

   Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an... moreMr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Vicary strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. less

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2. Licensed in FL

   

   Edward FucilloPro

   Tarpon Springs Landlord / Tenant Lawyer

   Contributor Level 12

   

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   Answered February 08, 2013 10:47. If you wish to file a law suit to recover a security deposit, you must name as defendant the party with whom you entered the contract as your landlord. If the name of the landlord is Schlitt Property Management, then it would be the proper defendant, as it is ultimately liable for how the deposit is held, retained and/or returned. The fact that the landlord may have retained another party to manage its property is unrelated to which party is liable for properly holding, retaining and returning of the deposit.
   
   You should also be aware that F.S. 83.49, requires that you object within 15 days of your landlord's notice of its intent to impose a claim on your deposit. The statute also has limits on how long the landlord has to give you such notice. If you have any doubt, I recommend that you consult with an attorney to review the lease, determine what defendant(s) should be named, and if you and/or the landlord are complying with this statute.

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