Security Deposit Lawyers
Frequently Asked Security Deposit Questions F.A.Q.
Is your landlord refusing to return your security deposit?
We work on a contingency fee basis to recover your security deposits from landlords. In some cases Clients have been awarded damages equating to three times the amount of the original security deposit. There are no out-of-pocket expenses to our client. When we win, our fees and costs are the responsibility of your former landlord, not our clients. Contact us at your convenience for a free case evaluation.
Can I sue my landlord and go to Court without a lawyer?
Yes, you could, but if you’ve come to this point you’ve probably already experienced some of the tactics landlords use to avoid returning security deposits – delays, passing you off to others, ignoring or talking around your claims, using contractual details to make you second guess your standing. An experienced legal team can cut through tactics like these to enforce your rights as a tenant. If you’re trying to reclaim a security deposit you might believe that you simply can’t afford to hire a lawyer, or that the cost of hiring someone to represent you would negate any gains you’d see in recovering your money. It’s even possible your landlord is counting on that to keep you from pursuing you claim. In truth, the landlord tenant laws of Florida provide for fees to be paid to the prevailing party, so if you have a good case winning your claim would mean the landlord is responsible for the fees incurred in litigation. Please, Contact Us a free consultation.
When does a landlord have to return the security deposit?
A landlord is not required to return a tenant’s security deposit before the tenant moves out. After the tenant vacates the premises, the landlord has 15 days to return the tenant’s security deposit if there are no claims to be made against it. If the landlord intends to make a claim against the security deposit, the landlord has 30 days to notify the tenant of the claim.
What kind of notice is the landlord required to provide when making a claim upon the security deposit?
If the landlord intends to make a claim against the security deposit, the landlord has 30 days to send a written notice by certified mail to the tenant’s last known address. The notice must state the landlord’s intention to impose a claim on the security deposit, the amount of the claim, and the reason for the claim. When moving out, it is very important for the tenant to give the landlord a forwarding address and/or to request the Postal Service to forward the tenant’s mail to a new address. Otherwise, the tenant is not likely to receive any notices sent by the landlord to the old address.
What happens if the landlord provides a notice of claim within 30 days by certified mail?
If the landlord provides a notice of claim by certified mail within 30 days, the tenant has 15 days to object to the claim. If the landlord does not mail a notice of a claim against the security deposit by certified mail within 30 days after the tenant moves out, the landlord loses the right to make a claim against the security deposit and must return the entire security deposit to the tenant. The certified mail is a strict compliance requirement, even if the landlord sends notice and you receive it, if it was not certified it is defective and your security deposit must be returned.
What happens when the landlord sends proper timely notice, and the tenant makes a timely objection?
If the tenant objects to the claim within 15 days, the landlord must hold the security deposit until the dispute is resolved.
What if the tenant does not make a timely objection to the claim on the security deposit?
If the tenant does not object to the claim within 15 days, the landlord may deduct the claim from the security deposit and must return the remaining security deposit, if any, to the tenant. However, the tenant still may sue the landlord for a refund of the entire security deposit, or the amount deducted by the landlord.
What if my landlord is claiming there was way more damage than the amount of the security deposit?
This happens all too often. The landlord should not make a claim to remodel the rental. When you see huge, inflated charges its time to call a Security Deposit Lawyer.
Who is Florida Litigators and What do we do?
Florida Litigators is a local, independent, experienced Team of professionals serving our Florida communities since 2013. With our extended experience, across multiple disciplines and fields of expertise, we fight for our clients to recover benefits and build satisfaction and peace of mind out of legal and claim disputes.
We work with you starting with a free consulation and represent our clients on a Contingency Fee basis. This simply means that we only make money when we make money for you. No hidden fees or recurring costs come out of your pocket. Period.