Withholding the Security Deposit?

[Greg Smith]

Upon moving out, the tenant received notice from the property manager (via certified mail) that the landlord was making a claim against the tenant's security deposit for repairs and cleaning. Included in this package was a check from the property manager for the balance of the security deposit which was not in dispute. The tenant responded (via certified mail) that they were disputing the claims of the landlord. Over the next few weeks, attempts to resolve the dispute were unsuccessful. Subsequently, the property manager placed a Stop Order on the previously issued check covering the portion of the security deposit that was not in dispute (the tenant had not yet cashed the check). The property manager stated the reason for the Stop Order was because with no resolution, the dispute could be headed to court and the losing party would have to cover court costs for the prevailing party.

Was the property manager within their rights to place a Stop Order on this check? Again, this is in Florida.