Rental security deposits. Landlord tenant disputes are often disagreements on rent security deposits. If the landlord’s rent receipts are not drafted according to landlord tenant law, or the security deposit refund is not what the tenant expected, lawsuits arise. What is a security deposit? A security deposit is an amount of money (the collateral) a customer or renter deposits with the broker or landlord to rent the apartment. The security deposit is usually equivalent to one month’s rent. The security deposit covers damage to the apartment beyond wear and tear. Tenants rights under Florida security deposit law require the landlord to follow a strict procedure with security deposits, and security deposit Florida law is strict on these procedures. If the landlord or tenant fails to adhere to the security deposit laws, they may forfeit the security deposit.
Security deposit laws. Security deposit laws in Florida provide the backbone requirements for landlords and tenants to follow. However, security deposit rental agreements modify these security deposit laws through security deposit clauses requiring specific management of the renters security deposit. Rental deposit laws underline necessary terms in security deposit agreements and security deposit agreement forms. The landlord deposit laws mandate interest on security deposits and mandate how to calculate security deposit interest. Landlord tenant law requires landlords to provide security deposit receipts on particular security deposit receipt forms. At the end of the lease agreement, landlords must give an accounting for security deposits, and claim security deposit deductions pursuant to the security deposit deduction forms. Then the landlord must perform the security deposit return through the proper security deposit refund forms. Security deposit refund law also states clear timelines for return of rental deposits. If you are a renter or a landlord, you should always consult a security deposit attorney to walk you through the security deposit process and to protect your rights under Florida security deposit laws.
Security deposit refund. Failure to properly refund security deposits leads first to a tenant demand for return of security deposits, then to a tenant’s security deposit dispute letter, and finally to a tenant’s security deposit lawsuit. Security deposit lawsuits may include claims of civil theft, which allow treble damages, requiring landlord refund of 3 times the security deposit plus attorneys fees. Given the strict and complex nature of landlord tenant law on security deposits and security deposit refunds, you should obtain legal advice from our security deposit lawyers.
We provide security deposit legal aid for tenants and landlords. Choose one of these two options:
I WANT MY SECURITY DEPOSIT REFUND
Tenants deposit rights. You’re asking as a tenant what are my rights? Our security deposit attorneys know renters security deposit rights and general tenants rights. Getting rent deposits back can be complicated. When the landlord will not return a deposit, you have clear rights and strong legal options for getting a rental deposit back from the landlord.
How and when should you get your security deposit back? If you’re wondering when and how to get a security deposit back from a landlord, we provide rental security deposit assistance to get your deposit back. Our assistance with rent and security deposits is a complete package.
The Miami International Attorneys Security Deposit Refund Package includes:
STEP 1: Our help with rent deposits begins with a legal analysis of your claim and provision of information on tenants rights on security deposits and renters rights on deposits. Our security deposit attorneys know tenants deposit rights and renters deposit rights, but we empower you with knowledge of your tenants rights. Starting our help with security deposits in this way helps you understand the steps we will take to get your security deposit back, and protects you in future rentals. Our security deposit help package includes analysis of the rental security deposit agreement to determine your tenant deposit refund rights under contract law. The security deposit contract may limit or alter your tenant rental rights under statute.
STEP 2: Our assistance with security deposits turns to analysis of the rent and security deposit receipt. We analyze whether the landlord’s security deposit letter and rental security deposit receipt conform to the security deposit form letter. Landlord tenant law on security deposits requires that the rent security deposit receipt accompany a security deposit letter from the landlord explaining the security deposit interest bearing account and security deposit interest rate. These are the express tenant deposit rights, and the landlord’s failure to comply with rules on security deposit bank accounts facilitates getting a security deposit back. Our rent deposit help includes citing these failures in our letter to landlord on the security deposit.
STEP 3: Our rental and deposit assistance continues with an investigation of the landlord’s security deposit interest bearing account, rental security deposit forms, and security deposit itemization forms. We confirm the lawful security deposit interest rate under Florida law’s security deposit interest calculator. If the landlord’s security deposit interest bearing account is improperly set up or not accruing the right rental deposit interest, you may get back even more than the security deposit back.
STEP 4: If the landlord withholding security deposits still refuses to return security deposits, our rent and security deposit assistance moves towards litigation. Our security deposit lawyers write the first letter for security deposit refunds. A demand letter for security deposits from a real estate attorney regularly proves more effective in getting a deposit back from a landlord. A landlord not returning deposits may not know all the security deposit rules or may not take renters rights on security deposits seriously. The security deposit request letter from our real estate lawyers alerts the landlord to the gravity of the failure to refund a security deposit, that this failure constitutes actionable theft under rental deposits law, and that you may sue the landlord for the security deposit.
STEP 5: Getting your deposit back from a landlord may require civil litigation, and thus our security deposit assistance package includes filing a lawsuit, both to enforce the security deposit lease agreement and to vindicate your tenants rights to deposits under Florida statutes. Our security deposit lawyers will discuss your civil litigation options, including claims for civil theft, triple damages, and conversion to get your security deposit back. At trial, our security deposit attorneys will present the information gathered in our investigation, including the security deposit accounting, security deposit disposition forms and receipts, the security deposit refund request letter and security deposit refund forms. At the end of litigation, our security deposit lawyers prepare the security deposit settlement statement or final disposition forms.
Through this process, our security deposit attorneys greatly enhance the likelihood of success in getting your security deposit back. If your landlord is keeping a deposit, our security deposit lawyers provide the on-point renters legal assistance you need to get your security deposit back. Call MIA to get your security deposit back or if you need help with security deposits. Our security deposit lawyers provide security deposit legal advice and security deposit legal aid.
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I WANT TO WITHHOLD A SECURITY DEPOSIT
Landlords deposit rights. Landlord deposits carry landlord rights. Landlord deposit rights allow withholding security deposits if properly done under Florida law. However, landlords may forfeit security deposits when they improperly prepare the initial landlord security deposit letter or rental deposit agreement, improperly set up or maintain the security deposit account, improperly disburse the security deposit refund, or improperly draft the security deposit return forms. In particular, proper drafting of the landlord security deposit return letter and proper response to a letter requesting security deposit back can avoid a security deposit dispute letter. The rental security deposit refund can deduct normal wear and tear from the security deposit, including cleaning. However, if the proper security deposit amount is not returned, the landlord can face severe penalties, including treble damages (order to pay of 3 X security deposit) from a civil theft deposit dispute. Our security deposit attorneys provide assistance with rent deposits, including preparation of the security deposit letter to tenant on receipt, and the letter to return security deposit. If you need help with security deposits, our help with deposits for renting is a complete package.
The Miami International Attorneys Security Deposit Refund Package includes:
STEP 1: Our rent deposit assistance begins with information on renters and landlords rights, and landlord tenant security deposit laws, and initial set-up of your security deposit interest bearing account. Familiarity of landlord tenant rights on security deposits protects you from costly mistakes early on. Further, apartment rental deposits and sublet security deposits must be kept in separate lease deposit accounts. Review of the landlord tenant laws and account set-up should occur before renting out an apartment or receiving an apartment rental security deposit.
STEP 2: Once you find a tenant to rent your apartment, we draft and revise rental agreements, including pro-landlord provisions on security deposits. Having the right lease agreement provisions on security deposits is key to protecting the landlord. When a renter demands his or her deposit on an apartment, the rental agreement provisions are your first line of defense. Dictate the tenant’s expectations on rental security deposit returns early with clear lease security deposit provisions. When you receive apartment deposits, we prepare the landlord letter to the tenant of security deposit receipt. The security deposit for apartment rentals requires a landlord to give a security deposit receipt, which must track the statutory language under Florida law. Upon receipt of the tenant security deposit, we ensure proper transfer to the security deposit interest bearing account.
STEP 3: Our help with security deposits continues with an analysis of whether the landlord can keep the security at the end of the lease agreement, or needs send a landlord security deposit refund letter. Our rental deposit assistance includes preparation of the return of security deposit forms, and drafting of the security deposit refund letter. Wording in the security deposit return letter is integral to avoiding security deposit dispute. The return of security deposit letter must accurately reflect damages beyond wear and tear and cleaning, and the rental deposit return must not exceed proper deductions. Clear communication of the deductions and the legal basis for the rental deposit refund often avoids the tenant’s security deposit demand letter.
STEP 4: When tenants sue landlords for security deposits, our security deposit attorneys manage the entire security deposit dispute. Lawsuits aimed at getting back security deposits carry higher stakes because the loser pays the winner’s attorney’s fees. Our security deposit attorneys are experienced in security deposit disputes and ready to push back against tenants suing landlords for security deposits. When you get a request for return of security deposits and you don’t plan on giving a full renters deposit refund, expect litigation and have our security deposit lawyers at the ready.
Through this process, our security deposit attorneys greatly enhance the likelihood of success in avoiding security deposit lawsuits and winning security deposit disputes. If your tenant is demanding a deposit refund, our security deposit attorneys provide on-point renters legal assistance. Call MIA to for security deposit legal help. Our security deposit lawyers provide security deposit legal advice and security deposit litigation support.
What Makes Us Different from Other Law Firms
Andrew Bernhard has represented the nation’s largest real estate developers and banks for years, in both transactional work and civil litigation. Miami International Attorneys brings this exceptional experience to you. Miami International Attorneys combines our client-first customer service and our extraordinary passion for the law to promote a satisfying attorney-client relationship.
Better Results from First-Hand Courtroom Experience means our lawyers cut their teeth in the trenches of civil litigation. Each one of our attorneys has personally handled hundreds of cases, requiring countless courtroom hours in front of judges and juries, hashing out live litigation. Our skills are tested and molded by trial experience, honing our civil litigation methods to get peak results. Our litigation rule of thumb is: “The Best Lawyer is the Most Prepared Lawyer.” With this tenet in mind, we tirelessly research the law and perfect our legal rhetoric in preparation for live courtroom litigation, to provide you with the most quality result.
Client-First Customer Service means we strive to show you that you and your needs are most important. We are extremely flexible on fees, pricing, and payment arrangements to meet your financial requests. We are available around the clock to answer your emergencies. We are mobile and on-line so that we can come to you at your convenience. We are patient and understanding so that you can be as comfortable and relaxed as possible. This is Miami International Attorneys client-first customer service.
Extraordinary Passion For the Law means we love legal research, legal issues, legal debates, and explaining the law. This passion for the law has garnered us litigation awards, teaching opportunities at the University of Miami School of Law, and a fantastic array of clients. When we are passionate about the law, the Judge and the Jury feel our passion, creating influence and positive results for the most important person in the room: you.
The Highest Ethical Integrity means we work under a strict ethical code. Combing the Golden Rule and the Rule of Law as the foundation of our firm, Miami International Attorneys works under the canons of honesty and transparency, fairness and reason, and compassion and respect. You gain by our moral imperative—if you are looking for lawyers playing an honest and vital role in the workings of society, Miami International Attorneys is your firm. Our integrity translates into your best, cleanest, and most professional experience.
Transparency on Cost means we tell you how much it will cost you and we stick to that number. There are no hidden fees, no hidden costs, and no surprise charges. We want you to be happy with your experience at Miami International Attorneys, and we know that the cost of legal counsel and litigation will be a big component of that happiness. Knowing what it will cost before you engage our firm or move forward with litigation lets you make informed decisions about your financial position and needs.
Cost-conscious means we constantly strive to keep your costs low, your income high, and your finances secure. If there is a more efficient way to do it without sacrificing quality, we take the efficient path. We have streamlined the litigation process and minimized overhead to pass savings on to you, the customer. By optimizing efficiency, less costs come off the top of your judgment award, which means more money in your pocket at the end.
Fee Flexibility means we seek numerous ways to bend our numbers so that you can get legal representation. In today’s marketplace, people want quality legal representation without the exorbitant fees. While other law firms may seek to churn the bill and overstate the cost of litigation, Miami International Attorneys tailors its fee agreements to your financial needs. We offer flat fee services, hourly billing arrangements, contingency fee agreements, and hybrid payment plans to allow you to pay how you want to pay. In each fee agreement, we are open to negotiate the fees based on our mutual understanding of the value of the legal services that we provide. Because you help decide the fee, you are happy with the price you get, and satisfied that Miami International Attorneys is providing true value for your money.
Customer Loyalty Discounts means that we give substantial discounts on our fee packages to repeat customers. If you regularly come to Miami International Attorneys for legal aid and legal counsel, we reward the repeat business with percentage discounts on our regular fee agreements. Other firms get more expensive as you use them, raising their fee rates on an annual basis, making your annual bills larger and larger. Miami International Attorneys does the opposite, rewarding clients for our long-term relationship, lowering your annual bills as time goes on. In this way, we make sure that your bottom line benefits by staying with us.
Real estate attorneys for your real estate needs. Our real estate attorneys provide immediate and personalized legal aid on eviction, lease agreements and rental agreements, HOA and condo association matters, mortgages and liens, short sales and deeds, and property disputes, construction defects, and property damage. Our real estate lawyers believe in customer service first—we bring our hospitality background to provide patience and understanding in legal consulting. We are also extraordinarily passionate about the law—we tirelessly research and practice law to be the sharpest legal minds in the courtroom. It’s this wedding of our customer service and passion for the law that makes Miami International Attorneys different. Come see what we can do for you:
If you have questions on the interpretation of Florida’s real estate laws, you should contact our real estate attorneys. We can give you personal and immediate real estate help and legal aid from real estate lawyer.
Miami International Attorneys, P.L.
P.O. Box 191057
Miami Beach, FL 33119
Miami International Attorneys, P.L.