Getting a security deposit back late?

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Danny013

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Hey, all. I figured some of you here would know more about this than I would, I'm new to the whole renting thing here...

Anyway, SWMBO was staying in an Apt. last semester for school, lease expired, she left and totally forgot to get her security deposit back. I believe the landlord called once or twice to try and have her come by and pick it up, but we are both really busy with school and work and forgot about it. This was last August (!).

Now, I sent the landlord a very polite and friendly e-mail asking if it would still be possible to get the security deposit back so late, apologizing for it being so long after, etc. She replied kind of nasty that no, she couldn't such and such because of the FL rental laws. or something.

I looked at the laws and didn't see anything about if the security deposit is not picked up, only that the landlord must return it within 15 days unless some of the money is going to be kept for repairs or anything (which it wasn't at the time).

The landlord was one of the roommates, a college student whose dad bought the apartment and lets her run and rent out. I understand that it is late but it it not a big business and we have not inconvienced her by not picking up the check.

Here is a link to the section on security deposits: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC49.HTM&Title=-%3E2007-%3ECh0083-%3ESection%2049#0083.49

If you all have some insight or anything I'd appreciate it before I sent back another (polite) e-mail. Are we SOL?

Thanks!

/she was a b!tch anyway...:D
 

blacklab

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Hmm. I am a landlord in Oregon, where you get to keep the deposit if they renter does not ask for it after 6 months. Never had that one happen, though. People usually wanted their $ back.

You could take her to small claims court if it is <$3000.
 

Brewing Clamper

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I don't know about FL, but in CA there are fair housing organizations/renters' advocates everywhere where they can tell you the law from an unbiased look. Their services are usually free or dirt cheap and they get a lot done. Usually one letter from them gets your problem resolved... Do a search for something similar in FL.
 
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Danny013

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Brewing Clamper, I'll look around, that sounds like it would be helpful.

I'd rather not take it to court. I don't want to deal with that crap. I've got too much stuff going on as it it to go through that mess only to potentially lose and be out more money.

It's only $200 dollars, but SWMBO and I are trying to buy a house, so every little bit helps.

Thanks for all the ideas/suggestions. If anyone else has any ideas, keep 'em coming!
 

homebrewer_99

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I'd call them and tell them you were coming to pick it up. If they turn you down ask them to show you the "law" that states what they said. Don't take their word for it. Also try googling the same info for your state.

Additionally, if the deposit was in an interest bearing account they owe you that too.
 

Beerrific

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You might try to talk to the dad/owner. He might not know the details and might be interested to hear that she spent the deposit (if that happened:)).
 
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