Your lease is up and you're moving out of your apartment. You've packed your boxes and stuffed your bags, and now all you need is to retrieve your security deposit. By law, the landlord cannot refuse to return your deposit without reason. Unfortunately, sometimes there is a dispute over how much the tenant should be refunded or whether the tenant should be refunded at all.

The landlord may deduct from the security deposit for any damages beyond normal wear and tear. For example, if you had a water bed, and it leaked all over the carpet and mildewed the floor, your landlord could legally deduct the repair costs from your deposit. He or she could not, however, charge you for worn carpet due to consistent traffic....this is considered normal wear and tear. Damages include rents owed as well as physical damage to the property.

The landlord is responsible for refunding you for the unused portion of your security deposit within thirty days, and for providing you with a list of anything deducted from the original deposit. These thirty days do not necessarily begin after you leave the apartment... some leases state that tenants must inform their landlord thirty days before they plan to move out. Make sure you read your lease carefully before you ask for your security deposit back.

IF: you have looked in your lease and see that you should be refunded for your security deposit

AND: you have sent your landlord a letter and informed him or her that you think you should be refunded

AND: you have not heard back from your landlord

OR: he or she refuses to pay you after you have contacted him or her

THEN: you should contact an attorney - just to make sure that your suit is valid - and work on filing suit in Small Claims Court.

A great Florida site on Small Claims Court says, "An attorney could advise you on the validity of your claim as well as on what evidence you will need to prove your claim. In most case you may ask the court to include the attorney's fees in the amount of the judgment if you win the case. You should ask the attorney about this also. If you want to talk with an attorney but do not know one, you should contact (your) local bar association."

What is Small Claims Court?

This term describes a miniature version of the regular courts. Small Claims Courts usually deal with civil disputes involving relatively small amounts of money ($5,000 or less). This court is intended to be faster and simpler than the regular court system. For more information on Small Claims Courts, click here.

Published: December 31, 1999

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