Full question:
I recently moved out of an apartment in FL after completing my 1 year lease. It has been 1 month since I moved and my landlord still has not given my security deposit. He hasn't even given written notice that he was making a claim towards it. The home was returned in excellent condition and he now claims that I moved out before the lease ended. How do I get him to pay back my security deposit? I also feel entitled to compensation for my last month's rent. I moved in on the 10 day of the month. At that time I paid a full month's rent. My lease ended on April 10 and I had paid rent for March. I feel entitled to getting a refund to at least part of my last month's rent. How would I get this money back?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Florida
Answer:
To address your situation, first review your lease agreement for details about your rights and responsibilities regarding the security deposit and rent payments. Under Florida law, specifically Fla. Stat. § 83.49, landlords must return security deposits within 30 days after the tenant vacates the property, unless they provide written notice of a claim against the deposit within that time frame.
If your landlord has not returned your security deposit or notified you of any claims, he may have forfeited his right to make any claims against it. You can demand the return of your deposit in writing, citing the law. If he still refuses, you may need to pursue legal action to recover your deposit.
Regarding your last month's rent, since you paid for the full month of March and moved out on April 10, you may be entitled to a refund for the portion of April you did not occupy. Florida law states that rent is uniformly apportionable, meaning you should be able to receive a refund for the days you were not in the apartment after the lease ended.
If necessary, consider consulting with a legal professional or small claims court to resolve these issues and recover your funds.
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.