Re: Additional damage charges beyond security deposit

Re: Additional damage charges beyond security deposit by MrDan (Georgia) on November 17, 2011 @11:16

"As you know if they don't respond in 15 days, you get to keep deductions and tenant can't even file in court for rest of security deposit if they didn't respond. " This is wrong, a tenant can file up to five years for the return of security deposit. They do no wave their rights to claim the security deposit by not responding to the notice. All the notice does is allow the landlord to deduct from security deposit unless tenant disputes the deductions.

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Re: Additional damage charges beyond security deposit by Anonymous on November 17, 2011 @14:49	[ Reply ]

Stick to your own state to give advice. You don't know FL law.

Re: Additional damage charges beyond security deposit by MrDan (Georgia ) on November 17, 2011 @16:34	[ Reply ]

THE 15 DAY SECURITY DEPOSIT DISPUTE PERIOD by Harry Anthony Heist, Attorney at Law A tenant has just 15 days to dispute the claim on the security deposit, and if they do not, you are in the clear – Right? WRONG. The tenant has up to 5 years to sue you for a refund of all or part of the security deposit. This often comes to a surprise to the landlord, as most professional landlords are very familiar with the wording of Florida Statutes and the timing requirements imposed upon the landlord. The tenant and the landlord have five years from the date the tenant vacates or the claim is made on the security deposit to institute litigation against each other. This is due to the fact that under Florida law, the parties to a written contract such as a lease have a 5 year statute of limitations, meaning that they have 5 years to sue one another. The common misconception among landlords is that if the tenant does not object, the tenant has implicitly agreed to the landlord’s claim, and everything is over. While it would make sense, this is not the case. It seems that I know it better than you! As having propeties in Florida, or did that not occur to you?

Re: Additional damage charges beyond security deposit by Terri Stewart, MBA, J.D., LL.M. (Florida) on July 22, 2015 @11:39	[ Reply ]

Mr. Harry Heist, Esq. IS the quintessential "rockstar" of Florida's Landlord-Tenant Law, hands down! He has educated thousands of lawyers, property managers, and Realtor estate Brokers/Agents throughout the state of Florida in classes and CE workshops on Florida's Landlord-Tenant Act (FS 83). Thank you, Harry, for your service to your peers and real estate industry professionals, and for continuing to clarify the nuances of Florida's somewhat 'disparate' residential landlord/tenant law! Please keep on rockin'!

Re: Additional damage charges beyond security deposit - Landlord Forum thread 240567