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  1. #1
    Join Date
    Jun 2014
    Posts
    1

    Default Compensation for Long Retention of the Deposit

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

    Dear ExpertLaw community,
    I have moved out of my apartment in Florida 8 months ago and still have not received my deposit back from my landlord who as been avoiding calls and not returning letters and emails for months.
    I am thinking about taking my case to court and I was wondering if I could ask for a financial compensation for the retention of my deposit for such a long time - and if so of how much?

    The details of my experience are the following:

    I paid rent in full throughout my occupancy and gave proper notice of my intention to vacate. There were no damages to the property and it was left it in the same condition as when I moved in. When I left the keys to the landlord's handy man it was agreed verbally that no repair or cleaning at our expenses would be done in the apartment.

    The landlord later sent a written notice explaining that some of the deposit would not be returned. This letter reached me 60 days after I left, as the landlord had sent it to the address of the apartment I had vacated, not to the new address I had provided him with. The landlord deduction were for cleaning and wear and tear repair, which I believe falls into normal use and were his responsibility as it was not mentioned at the time I gave the keys back.
    I immediately wrote back disputing these deductions and have proof of reception of my letter, but the landlord never replied. Similarly, followed months of unanswered emails, 2 more letters with proof of reception, and many calls to the Realty group talking to the secretary who never hears back from my landlord.

    I would like to defend my case for refund of my full deposit and, if possible, additional compensation for the delay. Would anybody have any advise to support my case and give me a sense of what I could ask for and expect in this situation?

    Thank you in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Compensation for Long Retention of the Deposit

    The only remedy I see in the statute, beyond the amount of the deposit, is that "If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar."

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