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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Will a Landlord be Criminally Prosecuted for Keeping a Deposit

    My question involves landlord-tenant law in the State of: Florida

    Hello,
    I'll appreciate you answer my questions.
    To the point: the landlord keeps tenant's money (a deposit less than $2000) after tenant's moving out.
    Part of these money was spent for the cleaning; and another part the landlord is still holding back from the repaying.
    *Is it possible that:*
    1.criminal charges will be imposed against the landlord by accusing him/her of stealing the money?
    2. to sue the landlord for the spending tenant's money at his/her disposal ( although, there a clause in the lease about cleaning, but there are obvious signs that tenant's money were overspent)?
    Although, I did not state that, but money returning is by implication. All yours professional ideas will be welcomed.

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: A Deposit, Deposit, Deposit

    1)no way
    2)possibly, depending on who can prove what in court

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: A Deposit, Deposit, Deposit

    Quote Quoting Webb
    View Post
    1.criminal charges will be imposed against the landlord by accusing him/her of stealing the money?
    No.

    It's a civil matter.

    That's what small claims court is for.

    Quote Quoting Webb
    View Post

    2. to sue the landlord for the spending tenant's money at his/her disposal ( although, there a clause in the lease about cleaning, but there are obvious signs that tenant's money were overspent)?
    Study the Florida security deposit law. It'll tell you all you need to know.

    http://www.leg.state.fl.us/Statutes/...s/0083.49.html

    Study the Florida small claims rules.

    http://www.flcourts.org/gen_public/f...llclaims.shtml

    Then go to your local court's website for forms and instructions.

    Quote Quoting Webb
    View Post
    money returning is by implication.
    I have no idea what that means.

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: A Deposit, Deposit, Deposit

    If a former tenant disagrees with the amount kept from their security deposit, the first step is typically to write what is known as a "demand letter" to the former landlord, "demanding" what they believe they are fairly owed and giving the landlord a certain amount of time (say, two weeks after the letter is received) to return these funds to the former tenant.

    If no response...or a response that is not to the satisfaction of the former tenant...the next step is to consider a lawsuit for these funds. Such lawsuits are typically handled through Small Claims court as they involve relatively small amounts of money in dispute. And has been pointed out, these are Civil, not Criminal issues.

    If the issue involves the use of the security deposit for cleaning and/or damages after move out that are more than just normal wear and tear it would be useful for the former tenant to bring evidence of the condition of the rental unit at move out to prove that these claims by the landlord are not justified. Hopefully the former tenant took pictures of the rental unit at move out.

    Gail

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