How to get my security deposit back if I was not properly notified of my landlord’s claim for damages?

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How to get my security deposit back if I was not properly notified of my landlord’s claim for damages?

After 60 days of moving I was finally able to speak with a realtor of the apartment where I was a tenant. This was after a month of calling and being told my call would be returned or I would be emailed (every time giving contact info again). I was told a claim had been sent 7 days after the move (to my old address) via certified mail by an employee who left the agency shortly after. They acknowledged that they never received verification of delivery but made no other attempts to contact me. I did leave new address with realtor during walkthrough. Can I get full security back?

Asked on September 16, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In all states in this country, there are statutes requiring that the landlord return a former tenant's security deposit withing a certain time period of move out (usually 21 to 45 days). If the full security deposit is not returned within this time period, the landlord is required to send an itemization of the debits and what they were for with invoices/receipts showing the actual costs for any repairs.

If you have yet to receive the return of your security deposit, you need to contact your former landlord and advise him or her that you have yet to receive it to date. You then follow up the telephone call with a written letter (keeping a copy for your records) requesting its return by a set date.

If you do not receive it by then, your option is small claims court.

Good luck.


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