Refund of Deposit... Should I receive a letter by April 26th or 31st?

[mzritagavin]

My lease states that at the termination of the lease if the landlord does not intend to impose a claim that the deposit shall be returned in 15 days. If they intend to impose a claim against the deposit they have 30 days to do so by certified mail. The lease ended on March 31st and I moved out on March 26th because the property manager kept asking when I would be moving out as they had already started showing the property. I purposely left the apartment in a ready to move in condition, it was cleaned and painted from top to bottom as I did not want any issues with the refunding of my deposit. So my question is if they intend to impose claims against me should I receive a letter by April 26th or April 31st? As of to date I have not received my deposit back if I am counting correctly my 15 days after moving out would have been April 16th.

Thanks for the reply...

[AFFA]

re: Refund of Deposit... Should I receive a letter by April 26th or 31st?

I wish to inform you that the lease agreement has jurisdiction in this matter read along with the state laws in the subject matter. The claim is to be made within 30 days of the termination of the lease agreement for any damages. The date of termination of the lease agreement is March 31, 2013 and the 30 days time frame permitted by the Court would be over on April 30, 2013.

AFF

[Friend In Court]

re: Refund of Deposit... Should I receive a letter by April 26th or 31st?

My lease states that at the termination of the lease if the landlord does not intend to impose a claim that the deposit shall be returned in 15 days. If they intend to impose a claim against the deposit they have 30 days to do so by certified mail. The lease ended on March 31st and I moved out on March 26th because the property manager kept asking when I would be moving out as they had already started showing the property. I purposely left the apartment in a ready to move in condition, it was cleaned and painted from top to bottom as I did not want any issues with the refunding of my deposit. So my question is if they intend to impose claims against me should I receive a letter by April 26th or April 31st? As of to date I have not received my deposit back if I am counting correctly my 15 days after moving out would have been April 16th.

Thanks for the reply...

The return of deposits is specified in the statutes of the state where the lease was entered into, the property is. So if you would supplement your post with that information, it would be helpful.

Although you moved out a few days early, calculation for the end of your lease would be March 31. The date by which the landlord needs to lodge a claim against the deposit, as well as return the deposit, will be governed by your state's statute. Another reason to provide that information.

[mzritagavin]

Re: Refund of Deposit... Should I receive a letter by April 26th or 31st?

I live in the state of Florida- and the statute reads as follows- (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

[gail in georgia]

Re: Refund of Deposit... Should I receive a letter by April 26th or 31st?

If the landlord is following the statutes for Florida, it would appear that they may have the intent to impose a claim for damages then. You'll just have to wait and see if you receive such a notice by the end of the month.

Gail

[mzritagavin]

Re: Refund of Deposit... Should I receive a letter by April 26th or 31st?

Just found out that someone moved in on April 1st which was 6 days after I left, so there had to be an inspection and probably a walk through. I believe the landlord is using this 30 day period as a loophole and at the end of the 30 days no claim will be filed which forfeits his right to a claim and they then release the deposit. Actually the landlord is a property management company.

[Disagreeable]

Re: Refund of Deposit... Should I receive a letter by April 26th or 31st?

You should always attempt to do a walk through, with management present at move in and move out. Then all issues can be noted and discussed. You should also, if no mutual walk through is done, video move-in and move-out videos.