If you are a tenant and wondering what the start date is for the 30-day window for when your landlord must return the security deposit or claim letter to you, the answer is simple. The 30-day window begins the day you move out of your apartment. That means that from that day, the landlord has 30 days to send you your security deposit or a claims letter explaining why you are not receiving the full amount back. Some reasons for landlords not returning all or some of the security deposit back to you can include unpaid rent, unpaid increase in real estates taxes, if valid under a tax escalator causes in your lease, or the landlord may use it to repair any damage that is beyond any “reasonable wear and tear”.
One exception to this rule is if you are a tenant with a written lease. If this applies to you, then the landlord does not need to return your security deposit or claims letter in the 30 days from when you move out. Instead, the landlord has to return the deposit 30 days after the “end of tenancy” as specified in the lease. So if you move out of the apartment in May, but the lease isn’t up until September, then the landlord does not have to return the security deposit or the claim letter until 30 days from the day that your lease was up in September. So, if you have a written lease and you plan to leave your apartment before the lease is up, just be aware that you will not have your security deposit or claim letter sent to you until after the “end of tenancy” date as specified in the lease.
Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.