[Hunt Law Firm]

If you have a written lease, it may dictate what will happen to your security deposit upon you vacating the premises. For example, if your lease has a non-refundable security deposit you will likely be out of luck.

In the event you have no written lease, or in the alternative have a written lease that fails to address the security deposit, then the security deposit you have put down is yours, not the landlords. If the landlord intends to impose a claim upon your security deposit, the landlord is required to give you notice within 30 days written notice by certified mail of his or her intention to impose a claim on the deposit and the reason for imposing the claim. If the landlord fails to give the requisite notice within the 30 day period, he or she forfeits the right to impose a claim upon the security deposit.

If you as the tenant fail to object to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice, the landlord may then deduct the amount of his or her claim and remit the balance to you.

In the event either party institutes an action in court to adjudicate the parties right to the security deposit, the prevailing party in this litigation is entitled to attorney’s fees and costs.

Florida Statute 83.49 addresses residential landlord security deposits. The following link will take you to the statute: http://www.leg.state.fl.us/Statutes/...s/0083.49.html

Other often ignored portions of this statute by landlords is the requirement to keep the security deposit in a separate account (most landlord’s commingle the money in their personal account) and also the requirement to notify the tenant where the security deposit is being held.

I am not sure why your landlord gave you back a portion of your rent and not any of your security deposit. I am also unaware of any standards set by The Villages.

A letter to your landlord informing them of your rights as a tenant and their exposure to paying your attorney’s fees may go a long way towards you getting your deposit back.

If I can be of any further assistance with your situation, I would be glad to help. I can be reached at (352) 365-2262.

ASHLEY S. HUNT, ESQ
HUNT LAW FIRM, PA