Virgin Islands Complaint - Lessor Failure to Return Security Deposit
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How to fill out Complaint - Lessor Failure To Return Security Deposit?
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FAQ
If, however, the landlord refuses to return your security deposit because your landlord says that you failed to pay rent or damaged the apartment, you must generally go to Small Claims Court to resolve the dispute.
Landlords may deduct from a renter's security deposit, in the event, that the tenants caused damage to the property, but ordinary wear and tear to the rental property cannot be deducted from the deposit.
RETURN OF SECURITY DEPOSIT If the landlord fails to return the tenant's security deposit within 30 days, then the tenant is entitled to sue the landlord for the return of the security deposit.
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.
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.
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.
Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place.
