Moved out early- Does landlord have 30 days from date I moved out to return security?

[beckyl]

I live in Florida.

My husband and I recently bought a house so we broke our lease several months early. I gave notice and we were scheduled to be out of the apartment at the conclusion of February. The property manager asked us 2 weeks before our must-be-out deadline to leave a week early if possible as she had rented out the apartment for March 1st and needed time to prepare it for the next tenant. I agreed and turned in the keys on February 19th.

We had someone come in and professionally clean and the apartment is spotless, except for the carpet in the living room and bedroom. I wont lie, the carpet was stained and not in good condition. I spoke to the manager about this and she told us not to worry as the carpet was being replaced anyway before the next tenant since it was >4 years old.

It is now March 8th and it has been 17 days since we moved out. I have not received my security deposit back.

Is the date that I turned my keys in (Feb. 19) considered the end of my lease, and therefore she has 15 days from Feb 19th to return my deposit (or 30 days to send me certified letter)? Or does that period of time trigger off of the technical end of my lease, Feb. 28th?

I'm not sure if the property manager is just late in getting it to me or if she is withholding for the carpets. If she is withholding for the carpet, do I have any recourse because their policy states that they will replace the carpet every 4 years or between tenants, whichever is later?

I do realize that if she doesn't respond in 30 days, I have the right to my full deposit back. (Right?) However, 30 days from when?

 

[mightymoose]

The clock should begin from the day you left.
Have you contacted the landlord to ask about this?

 

[beckyl]

I haven't contacted the landlord. I was planning on waiting for the clock to run out (30 days), then contacting her with the threat to go to small claims court unless the deposit is returned. The reason is because we ended on somewhat sour terms after my living there for 6 years. The landlord claimed that I owed 2x my monthly rent as a penalty. The language in my contract was somewhat sketchy to me so I had a lawyer friend look at it and he said that I only owed one month's rent as penalty. I cut her a check for one month's rent to satisfy the penalty and last I heard, she said she was contacting her lawyer.

What follows is the specific language in the contract. What does this mean to you? (BTW: $1156 is the sum for 1 month rent.)

"I/We agree, as provided in the rental agreement, to pay $1156 (an amount that doesn't exceed two month's rent) as liquidated damages or an early termination fee, if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession."