[FL] Can I sue an HOA for losing my deposit?
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This appears to be a case of unjust enrichment, breach of contract, and failure to properly account for association-held funds under Florida law—particularly Florida Statutes §83.49 (security deposits) and §718.111(12) (condominium records).
The association had a fiduciary duty to safeguard that deposit. A change in management does not erase obligations—the association remains liable. Their requiring a second $1,000 deposit despite proof of the first payment is improper.
Next steps:
- Send a formal demand letter (certified mail + email) requesting return or application of the original $1,000 deposit, reimbursement of the second $1,000, and resolution within 10 business days. Include copies of the cleared check, bank statement, and any communications.
- File a claim in Florida small claims court (up to $8,000) if unresolved. Sue the condominium association itself, not just the management company.
- File a complaint with the Florida DBPR (Division of Condominiums).
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I gave a condominium association a $1,000 deposit back in 2013 to rent a unit. It was to be withheld if any damages occurred during the tenancy. They lost the deposit. Can I sue?
I understand your concern. Can you clarify if there were any damages to the unit during your tenancy?
Now they have new management who claims they cannot find the original deposit I gave. I had to give another one, and they say they’re not responsible for mishandling by prior board members. They delayed my process of renting my unit without just cause and I had to give another deposit.
Have you tried discussing the return of your deposit with the condominium association or reviewing the bylaws regarding deposits?
The walls were never cleaned during the past 13 years in that unit.
Is there anything else the lawyer should know before I connect you?
Thanks. I sent the new management company the check number and bank statement showing it cleared under the name of the condominium association. There was never a claim on the unit with the four tenants. The last tenant lived there for 7 ½ years. She moved about 2 months ago, and I tried to rent the place again, but could not get approval without handing over a second $1,000 deposit.
Hello. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. When did the new management start?
March 2025, around the same time my tenant left.
This appears to be a case of unjust enrichment, breach of contract, and failure to properly account for association-held funds under Florida law—particularly Florida Statutes §83.49 (security deposits) and §718.111(12) (condominium records).
The association had a fiduciary duty to safeguard that deposit. A change in management does not erase obligations—the association remains liable. Their requiring a second $1,000 deposit despite proof of the first payment is improper.
Next steps:
- Send a formal demand letter (certified mail + email) requesting return or application of the original $1,000 deposit, reimbursement of the second $1,000, and resolution within 10 business days. Include copies of the cleared check, bank statement, and any communications.
- File a claim in Florida small claims court (up to $8,000) if unresolved. Sue the condominium association itself, not just the management company.
- File a complaint with the Florida DBPR (Division of Condominiums).
The CAM license manager wrote in an email that her company is not responsible for mishandled money from years ago and that records over 10 years old are not available. Can I still get my deposit under F.S. 83.49 after 13 years? Does it have to have been in a separate account? Can I sue the association? I’ve lost time from work, nearly one month of rent, and lost a tenant.
Florida law does not erase your right to reclaim a deposit just because time has passed—especially since you have proof of payment and no claim of damages. The association cannot escape liability by saying records are too old.
You can sue the association not only for the $1,000 deposit but also for:
- Lost rental income (e.g., the month you could not rent).
- Documented out-of-pocket expenses.
- Economic losses caused by their delay or misconduct.
You may have claims for unjust enrichment, breach of bylaws, negligent mismanagement, and consequential damages.
I’m drafting a demand letter to the association in Florida for keeping the deposit. Thank you.
