What to do if my husband and I recently rented a condo and our lease ended 11 days ago but the landlord is refusing to refund our security deposit?

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What to do if my husband and I recently rented a condo and our lease ended 11 days ago but the landlord is refusing to refund our security deposit?

She has sent us an email explaining all the problems with the condo but no itemized list with costs of repair. According to state law, she is to send us a letter by certified mail to impose a claim on our security deposit. What should I do if she does not send us a letter by certified mail? How long should I wait to take action, since it hasn’t been a full 30 days and she still has time to send the letter. Should I email her our forwarding address?

Asked on November 19, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have to give her the full 30 days--she's not in breach until then. You probably should send her the forwarding address, so she can't claim as an excuse that she could not get in touch with you. After she is in breach by not proving the proper documentation and/or returning your security deposit in 30 days, then you could sue her, such as in small claims court, for the return of the deposit and possibly additional damages (compensatation), too.


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