Questions and Professional Answers

• Pet Deposit and Security Deposits

  I live in Florida and rented an apartment in an apt community which required a $500 non-refundable pet deposit fee and a $150 security deposit. I have now moved and received a letter stating the landlords intention to retain the security deposit in its entirety and added a charge of $96 for rug replacement. When I moved in the rug was so badly spotted I demanded a replacement which they denied. I put all the stains and there placement on the move-in conditions checklist. The pet deposit is supposed to cover damages to the rug which my dog did not do as he was housebroken to which I have a document from the SPCA that states so. I sent a certified letter to them stating that they use the pet deposit and return my security deposit. If I take them to small claims {on principal} is there a possibility of winning?

  • Re: Pet Deposit and Security Deposits

    I'd say it's likely, if they're claiming the damage was caused by the dog.

    Brent Rose
    The Orsini & Rose Law Firm
    410 Ware Boulevard, Suite 401
    Tampa (and Throughout Florida), FL 33619

• Receiving complete Security Deposit

  The property management company is deducting a portion of my security deposit to pay for cleaning and repairs. It has been 45 days since I officially moved out (with proper notice) and payed my final month's rent.I never received a certified letter stating intention to impose a claim on my security deposit from them, even though they claimed to have sent one within 30 days. Are there any circumstances where they can still put a claim on my security deposit, even though I never received a certified letter? Like if the certified letter gets lost in the mail?

  • Re: Receiving complete Security Deposit

    They should have the returned certified mail letter showing that you refused it or that it went unclaimed. There is also electronic proof that it was sent and to where on the post office website. Should you have any further questions feel free to write or give me a call.

    Michael Rajtar
    Rajtar & Associates, P.A.
    3878 Sheridan Street
    Hollywood, FL 33021

• Intentional theft of security deposit

  I've been living with an ex-boyfriend for a year. We are both on the lease, and have only 3 months left. He agreed to leave if I gave him the $700 for the security deposit he originally gave to the leasing office. He said once the check cleared, he would send the leasing office a letter stating that security deposit should be returned to me. It's been almost a month and he refuses to send the leasing office the letter, and they still have in their file that the deposit is to returned to him. I have a copy of the cancelled check with the words ''security deposit'' written in under reason, but no letter. What can I do to get my money back? Is this criminal or civil?

  • Re: Intentional theft of security deposit

    This is a civil matter between you and your ex-boyfriend, not criminal. You may have to take him to small claims court in order to get your money back. Perhaps if he sees that you're serious about this, he'll sign the letter assigning the security deposit to you. If not, the small claims court can order him to return the $700 you gave him and he can hope that you don't leave the apartment in such condition upon your departure that the management company retains some or all of the deposit.

    Robert Sher
    Wagshal and Sher
    4824 Edgemoor Lane
    Bethesda, MD 20814

• double security deposit

  I broke my lease and was repsonsible for rent and utilities until they secured a new tenant. The landlord had someone moving in March 1. I was told my security deposit would be refunded within 30 days of the movein. I called April 10, and April 15 I received a letter subtracting utilities out of my security deposit and they wanted proof the sewage had been paid before they send me a check for the balance. I requested double my security deposit back due to the fact that they did not send me this letter within 30 days, which forfeits their right to keep any of my deposit. They are denying me my request for double my deposit stating I didn't request my secutiy deposit in writing. I did send a letter when I initially moved out. The tenant landlord code states I must give a return address upon vacating, which I did. They still haven't sent me any of my deposit. Do I have a case to sue?

  • Re: double security deposit

    In Pennsylvania a landlord must send a letter after thirty days of the lease termination or suffer a penalty of double the security deposit. No notice is required by the tenant except to inform the landlord in writing of a new address. The double security penality must be enforced by a law suit. However, the facts you describe in breaking the lease may alter the penalty statute, depending upon the facts. Suggest you seek the advice of legal counsel. If I can be of any help please contact me. Gerald Hershenson 215-579-9390

    Gerald Hershenson
    Law Office of Gerald M. Hershenson
    309 Floral Vale Blvd
    Yardley, PA 19067

  • Re: double security deposit

    You need the assistance of Pa. counsel. Follow the advice in the previous reply.

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    11900 Biscayne Boulevard
    Miami, FL 33181

• Security deposit

  Tenant's lease expires at the end of the month, and she asked to use security deposit for portion of the rent. We told her no, but she did anyway. Can we still collect the remaining rent due and late fees. Do we have to give back the security deposit even though she forfeited it in a letter (The lease states that if she tries to use the security deposit as part of the rent she forfeits it)?

  • Re: Security deposit

    Some landlord - tenant issues depend on the county but I can tell you that it is likely that if you did not put her security deposit into an escrow account, then your rights concerning it are limited. The real question is, did she damage the property in some way that would require you to use to security deposit to fix it. Otherwise, you may have a questions on damages.

    Keith Woodruff
    J Todd Moore
    217 Second Avenue South
    Franklin, TN 37064

• Security Deposit

  How can I get my funds back. I was renting a home for two years, now the landlord will not return my security deposit. I have tried calling, emailing and have sent a security deposit demand letter to him with no results. He won't answer my calls or emails. I know in Virginia he has 45 days to return my deposit and it has only been 34days. Is there anything I can do expedite the process? Please help.. I'm out $4500 if not returned.

  • Re: Security Deposit

    If no refund is received by the 45th day, file your case in small claims court against this recalcitrant landlord for $4500 plus the $48 filing fee.

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

• Security Deposits

  I live in a apartment complex and the landlord still has not given me my account number to my security deposit and my yearly tax information to the deposit. I asked them for it repeatly and they keep telling me that its in a account with the other 149 apartments. Are we supposed to have our own accounts. I went online to look up security deposits and the law says that i can have them use my security deposit for my rent and 7% . I hand delivered the letter and also sent by mail with return receipt. Is that correct in New jersey. Do i have to pay rent for this month or do i still insist that they use my security deposit as rent.

  • Re: Security Deposits

    You must give the landlord 30 days to respond to your certified letter before you can apply your security deposit to your rent (I'm assuming you sent it certified, return receipt requested).

    Frank Bosley
    Law Offices of Frank T. Bosley, LLC
    4 Fernwood Court
    Flanders, NJ 07836

• itemized security deposit disposition

  My former tenants are suing me for the rest of their security deposit about $1100 allocated for repair and cleaning. I sent them the itemized security deposit disposition letter within 3 weeks as required. Now come to think of it, since I didn't mailed the letter with certificate of mailing (because there was an occasion that they didn’t pick up certified mail I sent to them so that eventually returned to me, and they are very disorganized), I'm concerned that they might use it against me by claiming that they never received it. I would appreciate your advice.

  • Re: itemized security deposit disposition

    A writing is considered served under the law when placed in the U.S. mail. There is no requirement that it be sent certified. In addition, if you did not know their new address, you were to mail it to the old address. See Civil Code section 1950.5(g)(6).

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

• return of security deposit

  Our previous landlords are trying to keep our security deposit by making false accusations. They claim they had to repair things that were not broken or damaged, fix things that fall under the pet deposit, etc. They sent us a letter of intent to keep the whole deposit and I responded within the time mandated by s.83.49(3). I also read that the landlord must notify, in writing, the tennant within 30 days of receiving the deposit, the manner in which the landlord is holding the dpeosit. This was not done. Please advise as to what legal rights and responsibilities we, as tennants, have to get our security deposit back.

  • Re: return of security deposit

    Before getting the courts involved I suggest sending a letter to the landlord by certified return receipt mail. Keep a copy. Be professional. Just state the facts. Demand that they promptly reimburse your deposit (within 5 days). If the certified letter does not work, consult with an attorney. Under Florida statutes, the prevailing party in this type of lawsuit will have their reasonable attorney fees paid by the loser. With the facts as presented, it appears that your landlord will likely lose. Therefore, you should have no difficulty finding a lawyer. If you are in my area, I would be happy to meet with you.You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

    Elliot Goldstein
    Law Offices of Elliot Jay Goldstein
    5665 Central Avenue
    St. Petersburg, FL 33710

  • Re: return of security deposit

    Sue the lanlord. You would be best counseled by retaining competent counsel to represent you. Else you can proceed youself.

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    11900 Biscayne Boulevard
    Miami, FL 33181

• Indiana security deposit refund

  I never received my notice of deductions along with the balance of my Security Deposit from my landlord, they stated they mailed it by certified mail within the 45 day period but admit the Post Office ''lost'' the letter and it was never delivered. Can I request my full security deposit back?

  • Re: Indiana security deposit refund

    Thank you for your question the statute says "delivered to". To me, that implies receipt by you within 45 days. I would ask the landlord for it and if he turns you down, you can always file in small claims. The statute allows for the recovery of attorneys fees so you might want to contact a local attorney.

    Burton Padove
    Indiana and Illinois Lawyer, Burton A. Padove
    533 W. Ridge Road, Suite C
    Munster, IN 46321