If I vacated a rental property in Florida over 30 days ago and have not recieved our deposit, could this be civil theft?

UPDATED: Apr 2, 2012

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If I vacated a rental property in Florida over 30 days ago and have not recieved our deposit, could this be civil theft?

He has not issued a claim against the deposit. He did not provide proof the deposit was not co-mingled with his own accounts. He also demanded a rent higher than was stated on our lease. He said that he would give us notice if we did not pay the higher rate. With these factors in mind, would this meet the criteria for civil theft?

Asked on April 2, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you have written about is a civil dispute essentially a statutory violation by your former landlord to return you security deposit within 30 days of move out. It is not a civil theft in that there is no such cause of action under the laws of all states in this country.

I suggest that you write your former landlord requesting the return of your security deposit by a set date. If not returned by then, your recourse is a small claims court action for violation of state statute for not returning your deposit in a timely manner.

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