Rental Basics in Riverview>Question Details

Kelleramber29, Home Buyer in Riverview, FL

Does a landlord have to return a security deposit within the guideline by law if you were evicted?

Asked by Kelleramber29, Riverview, FL Tue Sep 11, 2012

It has been almost a month and I haven't recieved a certified letter explaining what the intentions are. And if the deposit isn't returned without notification can I really sue for twice the amount held?

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Answers

6
Maria Cipollone’s answer
It depends. If the reason for eviction was that you have not paid the rent he may have the right to get it from the secutiry deposit. Contact an Attorney to review your case.

Sincerely,

Maria Cipollone
Century 21
1 vote Thank Flag Link Tue Sep 11, 2012
The leasee owes me two months back rent from when my check book was stolen and I closed my accounts. Tenants remained in the property but now they have departed and it is time to settle the security deposit. They owe me more than I owe them, for it was two months lost rent checks and interior wall damage well over their deposit of appropriate one and a half month rent.

I manage under 5 properties.

Does the law require I email or certified a letter to inform them of why I don''t owe them any amount from the security, that they actually owe me, but I will just call that a wash? They are aware of what, where, when and why via multiple past emails between my tenants and myself.

Currently, they are insisting that I need to send them a certified letter, from a technical standpoint attempting to outwit what is the right thing to do-rent a house, pay the rent. Tear off an attached shelf off the walls and place stickers all over the kids bedroom, pay to repaint. I don't owe them one penny as far as I'm concern.

They are attempting to take advantage of the technicalities, to outwit, to avoid paying the back rent owed, and are demanding their deposit back or else! Trouble makers and attempting to divert the truth-they owe me. Never have any of past past tenants attempted to outfox the reality except this person so I'm curious to the proper procedure.

Can anyone answer this question-Does the law say I owe them a certified letter to explain what was already explained in multiple emails?

Thank you in advance.
0 votes Thank Flag Link Mon Dec 1, 2014
I would send everything certified mail regardless. When it comes to a legal matter you want documentation of everything.
Flag Tue Dec 2, 2014
In most cases, the landlord is required to provide you a statement to account for the security deposit within a certain number of days after you vacate the premises. Violators may be subject to penalty up to twice the amount of the security deposit. That money belongs to you whether or not you owe the landlord any rent subject to his or her right to deduct past owed rent from the deposit and refund unused funds. Your right to receive the statement is independent of the landlord's right to evict you if you don't pay rent.
0 votes Thank Flag Link Tue Sep 11, 2012
Hello,
I suggest that you review your lease agreement to see what it says about the security deposit if you are evicted. Often times, it is not refunded if you are evicted and owe the landlord money.

Good luck!

Laura Feghali
Prudential Connecticut Realty
0 votes Thank Flag Link Tue Sep 11, 2012
It would seem to me that if you were evicted, that you owed the landlord money. IF that were the case, the security deposit would be forfeited.
0 votes Thank Flag Link Tue Sep 11, 2012
If you were evicted I would imagine that any claims you had at one time were voided. Contact an attorney for specifics. Amazing question.
0 votes Thank Flag Link Tue Sep 11, 2012
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