If my landlord kept my security deposit, how can I get it back?

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If my landlord kept my security deposit, how can I get it back?

I took this apartment because it was a bit of an emergency. But the landlord refused to give me a contract after 2 months of living there. I still have proof that I paid him monthly. Since it is an expensive rent for me I made sure everything was in good condition or better to secure the return of my money. The apartment after inspected by his maid, she said if was very clean etc. It has been a month and a half now I have call him various times, went to his front door and knocked and stayed there for 30 minutes because I knew he was home. He is just simply evading me. What can I do?

Asked on April 4, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When your landlord unlawfully withholds your security deposit, your recourse is to sue him for its return. You have the option of suing in small claims court, where you can act as your own attorney (saving on legal fees) and where cases move  more quickly. You should be able to find instructions and sample forms from your court, either in person or online.


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