What to do about harrassment and an attempted illegal eviction?

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What to do about harrassment and an attempted illegal eviction?

I rented a room from a woman who rented an apartment on a month-to-month lease herself. Recently we have not gotten along and she attempted to evict me, though I was current on rent, had proof of residency & gave 30-day notice in writing. She sent threatening, false email and harrassed me, and I called the police twice. She proceeded to file false reports with police for alleged injuries of lock tampering on her room, which I have concrete proof did not occur, and documentation of the harrassment. She also refuses to refund my security deposit. Do I have any legal recourse?

Asked on June 24, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes you can take her to small claims court for its return if she does not comply with Florida State law regarding the return of security deposits.  Here is the law:  Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.  The tenant is required to give the landlord a valid address at which the tenant can be contacted.  You shopuld also find out what types of damages allow her to take money out of the deposit.  Good luck.


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