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Typical lawsuits are brought by tenants against landlords who unfairly withheld deposit money for cleaning, repairs, or back rent, or failed to return the deposit at all. Fortunately, it's fairly simple to file a small claims lawsuit in Florida. Here's an overview of the steps involved with doing so.
LANDLORDS CANNOT JUST THROW YOU OUT. 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 LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT.
Prematurely demanding rent. Changing locks or other self-help eviction actions. Disposing or seizing tenants' personal property. Abusive, profane, or threatening language.
The Florida Residential Landlord Tenant Act prevails over what the lease says. A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use.
If you object to the landlord's claim, you may file a complaint with the Florida Department of Agriculture and Consumer Services (FDACS) or institute an action in court to adjudicate the landlord's right to the security deposit.
If you can't reach a settlement with your landlord, file an official complaint with the Rent Disputes Settlement Centre.
If a rental develops a major problem and the landlord fails to take action, a tenant has two options. They can remain in the unit and withhold partial rent until the issue is fixed. Or, if the unit is completely uninhabitable, they can move out and terminate their lease completely.
HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.
According to Florida law, the deadline for landlords to return deposits is 15 days and the deadline for landlords to make a claim on any damage they see is 30 days.