SECURITY DEPOSIT
Q: Why do I have to pay a security deposit to my landlord?
A: "It's important to understand that the landlord wants to protect their property. The purpose of the security deposit is for that reason. In the event that the tenant decides to cause damage, whether intentionally or on purpose to the property, the security deposit is basically a small gesture to cover any losses that might occur for the damage to the property during the tenancy of that tenant."
A: "It's important to understand that the landlord wants to protect their property. The purpose of the security deposit is for that reason. In the event that the tenant decides to cause damage, whether intentionally or on purpose to the property, the security deposit is basically a small gesture to cover any losses that might occur for the damage to the property during the tenancy of that tenant."
My Landlord has not returned my security deposit - what do I do?
“First and last month, plus the security deposit.” Anyone who has rented property before in the past is probably familiar with this phrase as it is very common for a renter to hear when they’re first signing their lease. Well now that the lease is up, what happens to the security deposit? Following some administrative paperwork, most landlords will typically return your security deposit within seven to ten days.
But how long, legally, can my landlord take to return a security deposit?
Depending on whether or not your landlord intends “to impose a claim” on the security deposit
(or state that something is damaged on the property at your expense and is taking it out from the security deposit) will dictate how long they have to return your money. If your landlord does not intend to make a claim, then your landlord has fifteen (15) days to reimburse the full amount of your security deposit after you have left the property and the lease is terminated. However, if your landlord intends to make a claim, then your landlord has thirty (30) days to give you written notice by certified mail to your last known mailing address of both their intention to impose a claim on the deposit and the reason for imposing a claim. Usually, the notice will look something like this:
“This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to (insert alleged violation). It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).”
My landlord did not impose a claim, but still has my security deposit-what can I do?
If your landlord fails to give the required notice within the 30-day period, then they have lost the right to impose a claim upon the security deposit. However, the landlord may still file an action for damages in Court after return of the security deposit. The good news is that under Florida Statute 83.49(3)(c), if a renter files a lawsuit in Court for a landlord’s failure to return a security deposit and the renter prevails, the renter is entitled to receive (1) their court costs and (2) a reasonable fee for his or her attorney.
This is a broad overview of what can happen if your landlord fails to return your security deposit and your particular circumstances can vary on a number of facts. At J. Perez Legal P.A., we have over twenty years serving renters in Hollywood and all-over South Florida due to their landlord’s failure to return security deposits; our experienced real estate attorneys fight hard to protect the rights of tenants. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.
“First and last month, plus the security deposit.” Anyone who has rented property before in the past is probably familiar with this phrase as it is very common for a renter to hear when they’re first signing their lease. Well now that the lease is up, what happens to the security deposit? Following some administrative paperwork, most landlords will typically return your security deposit within seven to ten days.
But how long, legally, can my landlord take to return a security deposit?
Depending on whether or not your landlord intends “to impose a claim” on the security deposit
(or state that something is damaged on the property at your expense and is taking it out from the security deposit) will dictate how long they have to return your money. If your landlord does not intend to make a claim, then your landlord has fifteen (15) days to reimburse the full amount of your security deposit after you have left the property and the lease is terminated. However, if your landlord intends to make a claim, then your landlord has thirty (30) days to give you written notice by certified mail to your last known mailing address of both their intention to impose a claim on the deposit and the reason for imposing a claim. Usually, the notice will look something like this:
“This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to (insert alleged violation). It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).”
My landlord did not impose a claim, but still has my security deposit-what can I do?
If your landlord fails to give the required notice within the 30-day period, then they have lost the right to impose a claim upon the security deposit. However, the landlord may still file an action for damages in Court after return of the security deposit. The good news is that under Florida Statute 83.49(3)(c), if a renter files a lawsuit in Court for a landlord’s failure to return a security deposit and the renter prevails, the renter is entitled to receive (1) their court costs and (2) a reasonable fee for his or her attorney.
This is a broad overview of what can happen if your landlord fails to return your security deposit and your particular circumstances can vary on a number of facts. At J. Perez Legal P.A., we have over twenty years serving renters in Hollywood and all-over South Florida due to their landlord’s failure to return security deposits; our experienced real estate attorneys fight hard to protect the rights of tenants. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.