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What to Do If a Landlord Withholds Security Deposit

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

Many people wonder what to do if landlord withholds security deposit, our Tampa Landlord/Tenant attorneys can help. According to Florida Statute Section 83.49, upon vacating the premises, the landlord has 15 days to return your security deposit. If a landlord withholds security deposit or a portion of it, 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.  Again, Florida Law puts strict requirements on a landlord, who withholds security deposit.

Due to the time sensitivity of a landlord, who withholds security deposits, 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.  For your convenience, we have attached a link to the portion of Florida Law regarding landlords and tenants.

If you would like to contact one of our Tampa landlord/tenant attorneys immediately about a landlord who withholds security deposit, please either use our “contact us now” tab in the upper right hand corner of our website or our chat box 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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