In a short sale, can a tenant requestthe return of the security deposit while they still live in the rental, if it was not transferred itto the new landlord?

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In a short sale, can a tenant requestthe return of the security deposit while they still live in the rental, if it was not transferred itto the new landlord?

Would the original landlord that still has the tenants security deposit have 15 days to submit in writing the Notice of Intent to keep some or all of the security deposit from the date of the short sale closing or from the day the tenant moves out of the dwelling?

Asked on July 21, 2010 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

If your old landlord did not transfer the security deposit to the new owner then he or she broke the law.  The landlord holds the security on behalf of the tenant.  Your right to sue the landlord, however, does not "accrue" or become viable until you move out.  The time line here does not matter anymore.  You need to write to both your old landlord and the new landlord regarding the deposit.  You can quote the law (section 83.49(7) of the Florida law deals with the transfer of the deposit; you seem to be aware of the security deposit law) and advise that if you do not have compliance with the law as it stands that you will seek the help of the courts in resolving this matter as against both parties.  Good luck.


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