Some Landlords refuse to return the Security Deposit to Tenants. Unfortunately, many Tenants depend on their Security Deposit to pay for moving costs. However, many Landlords will not return the Deposit if the Tenant caused extensive damage. The Landlord will then use the Deposit to pay for the damages. A Tenant’s Return of Security Deposit Broward can be a complicated process. Therefore, it is important you consult an Attorney that has handled several Security Deposit Disputes.
A Landlord must follow Florida Statute when placing a claim on the Tenant’s Security Deposit. Florida Statute 83.49(3) generally states that a Landlord must send by certified mail their intention to impose a claim on the Security Deposit. Many Landlords believe they can withhold rent if there is damage left by the Tenant. This is beneficial for Tenants.
The Tenant is required to respond within 15 days of receiving the claim. If they respond within 15 days, the Deposit will not be released. Nevertheless, the Tenant can file a lawsuit if the claim is not sent certified mail. As a result of not being sent certified mail, the Court will likely return the Deposit to the Tenant. However, most Landlords comply with the notice requirement. If the Landlord timely sends out notice on the Deposit, the Tenant will have to file a lawsuit to try and recover. The Tenant will have to show that the Landlord is wrongfully withholding their security deposit.
A Tenant’s Return of Security Deposit requires Attorney representation. If you are a Tenant and not received your security deposit, call our office today at (954) 990-7552.