[FL] [FL] A condominium association is refusing to return my $1,000 deposit saying they don’t have a record of it. What can I do?
I gave a Condominium Association $1,000 deposit back in 2013 to rent the unit. It was to be withheld if any damages occurred during the tenancy of this place. Florida Statute 83.49 is in the bylaws of the Condos Association. Now they have a new management that claims they cannot find the original deposit I gave. I had to give another one, and they’re not responsible for any of the mishandling of other condominium board members. They delayed my process of renting my unit without just cause and I had to give another 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 Statute §83.49.
Even though this deposit was to the Condo Association (not a landlord), the principles of §83.49 still apply because it was a rental-related deposit, and the association had a fiduciary duty to safeguard it.
A change in management does not relieve the association of liability.
The new CAM saying they “cannot recreate records” is NOT a legal excuse.
You should:
1. Send a formal demand letter (certified mail + email)
- Demand return of the original $1,000 deposit
- Demand reimbursement of the second $1,000
- Give them 10 business days
- Attach proof: check copy, bank statement, no damages reports
2. File Small Claims Court (up to $8,000 in Florida)
- You can sue the Condo Association for unjust enrichment and economic damages
3. File a DBPR Complaint
- Florida’s Division of Condominiums regulates HOA/COA misconduct.
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I gave a Condominium Association $1,000 deposit back in 2013 to rent the unit. It was to be withheld if any damages occurred during the tenancy of this place. Florida Statute 83.49 is in the bylaws of the Condos Association. Now they have a new management that claims they cannot find the original deposit I gave. I had to give another one, and they’re not responsible for any of the mishandling of other condominium board members. They delayed my process of renting my unit without just cause and I had to give another deposit.
Lexi, Chatbot
Have you tried discussing the return of your deposit with the Condominium Association or reviewing the specific terms outlined in the bylaws regarding the deposit?
Yes. The walls were never clean during the past 13 years in that unit.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with the cleanliness issue.
I sent the new management company the check number, the bank account statement with the check cashed under the name of the Condominium Association. There was never a claim on the unit with the four different tenants.
The last tenant lived there for 7 1/2 years. She moved around 2 months ago and I tried to rent the place as soon as possible and it was impossible to get an approval without me handing a second deposit for the $1,000.
Queeneth E. Esq
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. First I need to ask you a few questions to give you the best answer.
When did the new management start?
March 2025, around the same time my tenant left.
Queeneth E. Esq
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 Statute §83.49.
Even though this deposit was to the Condo Association (not a landlord), the principles of §83.49 still apply because it was a rental-related deposit, and the association had a fiduciary duty to safeguard it.
A change in management does not relieve the association of liability.
The new CAM saying they “cannot recreate records” is NOT a legal excuse.
You should:
1. Send a formal demand letter (certified mail + email)
- Demand return of the original $1,000 deposit
- Demand reimbursement of the second $1,000
- Give them 10 business days
- Attach proof: check copy, bank statement, no damages reports
2. File Small Claims Court (up to $8,000 in Florida)
- You can sue the Condo Association for unjust enrichment and economic damages
3. File a DBPR Complaint
- Florida’s Division of Condominiums regulates HOA/COA misconduct.
The CAM license manager wrote an email that her company or her are not responsible for other mishandled money in our community, and she cannot recreate anything. And also over 10 years ago they don’t have any back information...
Can I get my money from my deposit under F.S. 83.49 even 13 years ago? Doesn’t it have to be in a different account?
Can I sue the Association?
What other amount could I sue them for?
I’ve lost time from work and I have lost almost one month of rent because of their incompetence. I lost another tenant. All this is costly for my unit.
Queeneth E. Esq
Florida law does not erase your right to recover the deposit simply because time has passed — as long as you can prove payment, which you can.
Key points:
- YES — You can sue the Association, not the management company. Management is only an agent; the Association is legally responsible.
You can sue for:
- The original $1,000
- The second $1,000 you were forced to pay
- Lost rental income (documented)
- Lost wages (if documented)
- Costs of delay
- Any out-of-pocket expenses caused by their failure to approve tenants
- Possibly attorney fees depending on the bylaws
Their excuses (“we cannot recreate records”) do NOT legally protect them
- Florida Statute §718.111(12) requires 7 years of financial recordkeeping.
- Their inability to comply supports your claim that they mismanaged funds.
Recommended claims:
- Breach of Contract (bylaws)
- Negligent Recordkeeping
- Unjust Enrichment
- Economic Damages
Queeneth E. Esq
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