What to do regarding the return of our security deposit?

I moved out of my rental at the end of last month with the approval of the landlord. She told me that she would have new tenants moving in the very next day (the first). I e-mailed the landlord a few days ago regarding the return of our security deposit. I received an answer stating that she is waiting for the new tenants to let her know what needs to be cleaned/repaired. My concern is that the new tenants could damage something and blame us. I also don’t think the “walk-through” should be done by the new tenants; it should be the landlords responsibility.

Asked on October 19, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, the landord is obligated to return his or her former tenant's security deposit within a certain time period of move out, usually 21 to 45 days. If not returned in full during this time period, the landlord is obligated to return any unused portion within the same time period with a statement for what the used portion was used for with receipts and invoices demonstrating its use.

I would write the landlord a letter requesting the security deposit's return within a stated time period keeping a copy of the letter for future reference. If you do not receive a response in this time period, your option is small claims court.

You should have had a final walk through of the former rental with your landlord before you moved out.

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