Re: Eviction - Landlord Forum thread 324562

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

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.

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Re: Eviction by Anonymous on September 17, 2014 @04:37	[ Reply ]

Dude, there are no exceptions. What are you talking about? She forfeited the security deposit by not sending the tenant the letter within 30 days. PERIOD. She has to return ALL OF IT. However, she can file for damages in small claims. All this nonsense about exceptions and collection agencies is bogus.

Re: Eviction by Anonymous on September 17, 2014 @09:34	[ Reply ]

The only thing that appears bogus here is your statement. Dude!

Re: Eviction by Anonymous on September 18, 2014 @13:07	[ Reply ]

Read the FL statutes, DUDE!