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.
Virgin Islands Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
State:
Multi-State
Control #:
US-01678BG
Format:
Word;
Rich Text
Instant download
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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.
The only thing that the Florida landlord-tenant laws say regarding payments is that the tenant must pay rent on time ing to the rental property agreement. If the landlord fails to comply with general property repairs, tenant rights allow them to withhold rent.
Landlords are no longer required to give a 60-day notice for rent increases of 5% or more. Landlords are no longer explicitly prohibited from discriminating against tenants based on their source of income. Landlords are no longer required to disclose a list of legal rights to applicants before they sign the lease.
Landlords can only increase the rent by more than 30 percent if the landlord's actual expenses exceed 30 percent of the rent due to repairs, fees, insurance adjustments or property taxes, the bill states. If the bill is approved by legislators, it will go into effect on July 1, 2024.
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.
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.
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.
