Return of security deposit

[Kristie]

Jurisdiction

Florida

I moved out of my rental property 8/31/15 a forwarding address was emailed as well as acknowledged by my landlord. From what I understand 83.49(3), Florida Statutes says that he has 30 days to send me a claim of what will be deducted from my deposit. It is now 9/2/15 and I have not received a letter nor deposit back. He also resides in the same city as myself so if it was post marked on the 30th I would have received it by the 31st, today at the latest. My question is if I gave him a PO Box is that an issue, if not how do I go about reclaiming my full deposit because he did not send it out by the 30th? Also once I send the letter how long does he have to send the full deposit? Thank you

 

[army judge]

I moved out of my rental property 8/31/15 a forwarding address was emailed as well as acknowledged by my landlord. From what I understand 83.49(3), Florida Statutes says that he has 30 days to send me a claim of what will be deducted from my deposit. It is now 9/2/15 and I have not received a letter nor deposit back. He also resides in the same city as myself so if it was post marked on the 30th I would have received it by the 31st, today at the latest. My question is if I gave him a PO Box is that an issue, if not how do I go about reclaiming my full deposit because he did not send it out by the 30th? Also once I send the letter how long does he have to send the full deposit? Thank you

The law, according to your post allows the landlord 30 days to respond.
According to your move out date, the 30 days would end on or around 31 September.
You are in the waiting period.
If the landlord fails to deliver the goods within the 30 day period, your remedy will be found in a court room in Florida.
That will require another 60 to 90 days before a hearing is held, depending on how populated your county might be.
If he or she fails to respo0nd by the end of this month, you might get some money back by years end.
But, that won't mean you'll get MONEY.
That will mean, assuming you're successful in court, that you can start chasing the landlord's assets to attach, and that is often like a dog chasing her tail. She never catches her own tail.

 

[Michael Wechsler]

If your landlord doesn't return your security deposit within the time alotted by law, send a letter. There are penalties against landlords that don't return security deposits.

The Florida Statutes Annotated
83.49 Deposit money or advance rent; duty of landlord and tenant

(3) The landlord or the landlord's agent may disburse advance rents from the deposit account to the landlord's benefit when the advance rental period commences and without notice to the tenant. For all other deposits:
(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address).​

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 and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.
(c) 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.