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What to Do If Landlord Keeps Security Deposit

You’ve moved out but your landlord has withheld your security deposit, now what?

If your landlord keeps security deposit, you have rights to quickly get it back! According to Florida Statute Section 83.49, upon vacating the premises, the landlord has 15 days to return your security deposit. If the landlord decides to keep all or part of the security deposit check, then the landlord has 30 days to give you a written letter stating the amount of damages. You then have 15 days to respond to the letter. If there is a discrepancy over the deposit money then the landlord is not entitled to it until a judge has ruled on the manner.

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. Unless the tenant objects to the imposition of the landlord’s claim or the amount within 15 days after receiving the landlord’s intention to impose a claim, the landlord may then deduct the amount of his or her claim and must return the remainder of the deposit to the tenant within 30 days of the notice of intentions to impose a claim for damages.

Due to the time sensitivity of the matter, you should immediately obtain a free consultation with the experienced landlord/tenant attorneys of Hackworth Law to discuss your case. If either party initiates an action in court to adjudicate a party’s right to the security deposit, the winning party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.  If you would like to contact one of our Tampa Landlord Attorneys immediately, please use the “contact us now” tab in the upper right hand corner or our free, secure chatbox in the lower right hand corner of our website.  We appreciate your time in checking out our blog and look forward to working with you.


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