This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
State:
Multi-State
Control #:
US-01678BG
Format:
Word;
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
In regards to security deposits, the Florida statute requires a landlord to return a tenant's deposit within 15 days after they move out. In addition, the landlord must also include any interest accrued. If there are any deductions, then the Florida landlord must notify the renter within 30 days of their intention.
Deduction to Cover Cleaning Costs Cleaning costs can only be deducted from the security deposit if the necessary cleaning is excessive and the condition the apartment has been left in is worse than can be reasonably attributed to normal wear and tear.
If the landlord doesn't return the security deposit within 15 days, the lessee can take them to court. Alternatively, if the landlord doesn't send a written notice explaining the deductions within 30 days. The lawsuit is filed in respect of the deposit amount plus court fees and lawyer fees.
If your landlord ignores your requests, you should send written legal notice drafted by an attorney. This written notice is often enough to get your landlord to respond. It also serves as a necessary form of proof if the dispute ultimately turns into a legal battle.
A new amendment to Florida Statutes, which takes effect July 1, 2023, has been signed into law by the State of Florida. Chapter 83.491 provides the right for landlords to offer tenants the option to pay a fee instead of a security deposit. However, there is no obligation for landlords to offer this option to tenants.
Under Florida landlord-tenant law, there is no limit on the amount of a security deposit. Florida's cities and counties, however, are allowed to set a limit on the sum. A security deposit is an advance sum of money the tenant gives to the landlord for advance rent or as security against any damage to the property.
If the tenant receives a notice of the landlord's claim against the security deposit, the tenant has 15 days to object to the claim. The tenant may object to the reason for the claim and/or the amount of the claim. The tenant's objection should be in writing and should be sent to the landlord by certified mail.
Make your evidence clear The deposit belongs to the tenant and is only held for safekeeping by us, so for a successful dispute outcome, you'll need to show the adjudicator good evidence to support your claim. It's essential that your evidence is clear and easy for the adjudicator to understand and interpret.