How should I get my deposit from my landlord back?

We moved out and left the place
immaculate. Spoke with landlord and his
real estate agent and was told the
security deposit was to be returned.
Went back and forth for awhile and now
he will not speak to myself or my
girlfriend who was on the lease as
well. 1350. This was two years ago we
have been trying to handle it
ourselves.

Asked on March 17, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The way to get a security deposit back when the landlord wrongfully withholds it (i.e. when you were fully paid up on rent, and there was no damage beyond normal "wear and tear") is to sue him for it. You sue based on "breach of contract," since the obligations in regard to the deposit flow out of the lease which, whether written or oral, is a contact. In your state, the statute of limitations, or time within which you must initiate a lawsuit, for breach of contract is 4 years for an oral (unwritten) contract and 5 years for a written one, so you should still be within time to sue. If the amount at stake is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se") is a very good option.


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