Full question:
I was on a month to month lease. Gave notice on 01/15/07 to move out on 02/15/07. Actual move out was on 02/05/07. Property manager and I did walk-thru of apartment. She mentioned nails in walls, nothing else. I gave a forwarding address. On 03/17/07 received certified letter of intent to withhold $85.00. No explaination was given as to what the $85.00 charge was for. My deposit was $400.00. I was to get back partial rent since I had paid full amount for the month. Total amount that was owed to me was $629.46(that includes taking out the $85.00). I got a check for $115.00. Management said I was to recieve three separate checks for total amount. Despite numerous efforts, I am unable to get the rest of the $514.46 owed to me. It has been over 3 months since I moved out. What do I do?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Florida
Answer:
You should review your lease agreement to understand your rights and obligations, as well as those of your landlord regarding your security deposit and rent payments.
According to Florida law (Fla. Stat. § 83.49), when a tenant pays a security deposit, the landlord must either:
- Hold the deposit in a separate non-interest-bearing account,
- Hold it in a separate interest-bearing account and pay the tenant interest, or
- Post a surety bond with the clerk of the circuit court.
The landlord must notify you in writing within 30 days of how they are holding your deposit and the interest rate, if applicable.
Upon your move-out, if the landlord intends to withhold any part of your security deposit, they must notify you within 30 days of your move-out. This notice must include the reason for the claim and the amount they intend to withhold. If they fail to provide this notice, they lose the right to withhold any part of your deposit.
Since you received a letter stating an intention to withhold $85.00 without explanation, it may not comply with the legal requirements. You have the right to contest this deduction, and if you do not receive the rest of your owed amount, you may need to consider legal action to recover the funds.
For further assistance, you may want to consult a local attorney who specializes in landlord-tenant law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.