Deposit Return - When Does it Start Counting

[Manya]

What is the name of your state? FL

Hi All,

I'm an ex Tenant and I have problem with my ex Landlord.

It says in Florida Statute that the Landlord has to return me my deposit within 15 days upon "vacating the premises".

Last day of my lease was November 30, 2002 in accordance with my Lease Agreement. I vacated the premises on November 24, 2002 (gave the key back to the Landlord).

My question is: when those 15 days start counting?

From the the day of the actual vacating or from the last day of Lease in the Lease Agreement?

When I gave them the key back they didn't give me any papers to sign, but I have a witness who saw that I gave them the key on November 24, 2002.

 

[HomeGuru]

What is the name of your state? FL

Hi All,

I'm an ex Tenant and I have problem with my ex Landlord.

It says in Florida Statute that the Landlord has to return me my deposit within 15 days upon "vacating the premises".

Last day of my lease was November 30, 2002 in accordance with my Lease Agreement. I vacated the premises on November 24, 2002 (gave the key back to the Landlord).

My question is: when those 15 days start counting?

From the the day of the actual vacating or from the last day of Lease in the Lease Agreement?

When I gave them the key back they didn't give me any papers to sign, but I have a witness who saw that I gave them the key on November 24, 2002.

**A: generally the 15 days start from the expiration of your lease unless L agreed in writing that your lease terminated on an earlier date.

 

[Manya]

Will the witness' word count in court?

He can justify that I returned the key earlier?

Or all this business is tricky?

 

[alligatorob]

I am a Florida landlord with some experience on the other side of this issue; as I understand it the law is clear; Under Florida Statues Chapter 83 "FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT" S. 83.49(3)(a) :

"ONCE THE TENANT VACATES THE DWELLING, THE LANDLORD HAS 15 DAYS IN WHICH TO EITHER RETURN THE SECURITY DEPOSIT OR NOTIFY THE TENANT BY CERTIFIED MAIL OF HIS INTENTION TO MAKE A CLAIM ON THE DEPOSIT, AND WHY. THE TENANT HAS 15 DAYS TO OBJECT, IN WRITING, TO THE LANDLORD."

My guess is that the court probably won’t quibble over your moving out on the 24th vs the lease ending on the 30th. If you got a certified letter by December 15 he will probably win, if you did not you will win.

If you feel you have been legally wronged you might contact the Florida State division of Consumer Services, and file a complaint. You can do this online at http://doacs.state.fl.us/~cs/ccform.html

I once had a tenant do this and as a result I returned their deposit. They did cause damage, but I had not properly notified them and the folks at Consumer Services let me know that. They got their money back (even if they did not deserve it) and I got a good legal lesson, probably worth more than the deposit I had to return.

I don’t think the Consumer Services folks had any enforcement powers, but by making it clear to both me and the tenants what the law was we resolved the issue. You may your landlord may not pay as much attention, but trying can’t hurt.

I am not an attorney, and as such my opinions are limited to my own experience, and are not based on a solid understanding of the law, so given this warning take them with as many grains of salt as you like.

Good luck,
Alligatorob