If the landlord already sent me my deposit, can they request me to return it?

My landlord sent me my deposit refund 2 months ago. I later received a letter in which they stated that they were keeping my deposit in full due to carpet replacement (which they were in the process of updating all carpet to tile when I moved) cleaning stove, etc). I am not sure if I am supposed to reply or if I should see if they try to sue me as I already cashed the check and I received the letter after the 30 days.

Asked on July 21, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, your landlord is not paying attention to detail with respect to your deposit in that from the last letter that you received it appears that the landlord has taken the posiiton that you will not receive the return of your full security deposit despite the fact that you received it two months ago.

It is up to you to handle the situation that is not resolved with respect to your security deposit. You can sit back and wait and see what transpires or respond. Note, you should not be expected to pay for upgrades to tile after you moved if the carpet simply had normal wear and tear as to it.


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