Eviction - Landlord Forum thread 324552

Eviction by Renee (Florida) on September 16, 2014 @17:58

I evicted a tenant for non-payment of rent in July 2014. I did not send a notice of claim on the tenant's security deposit. The tenant filed a motion with the court to receive the security deposit. This is the first tenant I've had to evict. Is the tenant entitled to receive the security deposit back? Thank you.

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Re: Eviction by Anonymous on September 16, 2014 @18:25	[ Reply ]

Didn't you use their SD for payment of the back rent?

Re: Eviction by Brendan on September 16, 2014 @18:47	[ Reply ]

Don't take this answer for anything accurate, but I would doubt that since you did not send a notice of claim in the tenant's security deposit, the court would give it to the tenant as you said.

Re: Eviction by MrDan (Georgia) on September 16, 2014 @18:56	[ Reply ]

The failure to send out the 'Notice of Intention to Impose Claim on Security Deposit' within the time period (30 days)as required by law could result in having to return the entire security deposit to the resident. Florida Statutes Section 83.49(3)(a) F.S. states that upon vacating the premises the Landlord shall have 30 days to give the Tenant written notice by certified mail to the Tenant’s last known mailing address of his intention to impose a claim on the deposit and the reason for imposing the claim. Failure to do so results in a forfeiture of the right to impose a claim. If you are outside the 30-day window and do not fall under any exception to the requirement to send the 'Notice of Intention to Impose Claim on Security Deposit' out within the 30 days, you will not be able to claim anything more from the Security Deposit. The resident will still owe you the money, but you will not be able to retain it from the deposit. You will be able to send it to collections, you can try to get the resident to pay or sue the resident if you wish. The main issue is that the funds you are holding cannot be used for the any amounts owed. You might want to contact an attorney to see if you fall under any exceptions in your case.

Re: Eviction

Re: Eviction by Anonymous on September 17, 2014 @12:27	[ Reply ]

actually you sent the SDSS the second day after the tenant moved out. you even still have a copy of that SDSS you sent to the tenant with you right now. can you show it to all the people around here?

Re: Eviction by Chuck (NY) on September 17, 2014 @13:31	[ Reply ]

I think the most important question, first, would be what was the date they actually exited the building and give you keys back?