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Florida security deposit question - Landlord Forum thread 337657

Florida security deposit question by John on July 27, 2015 @19:27

                              
Tenant gave written notice by mail that he was moving out July 31. Then he contacted me that he wanted to return keys today. I met him, had him sign a key receipt, and took the keys.

I went by the rental house and there is damage inside.

So does the one month clock for the deductions on the security deposit start ticking today, because I got the keys back today, or does it start on the 31st, the date he put in his letter to vacate?

Thanks.
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Re: Florida security deposit question by Katiekate (New York) on July 27, 2015 @19:39 [ Reply ]
Because you are going to be taking deductions from the deposit...you must send a security settlement letter within 2 weeks.

The clock begins on the date of the last day covered by rent.

So..tenant needed to give you 2 weeks notice....so, you take your rent through the last day of those 14 days. Did he pay you through the full 14 days? If not..that is part of your damages.

So...the 2 week period you have begin July 31. By August 15 you must have notified the tenant by mail what you will deduct. You must return the difference within 30 days (August 30).
Re: Florida security deposit question by MrDan (Georgia) on July 28, 2015 @01:36 [ Reply ]
"does the one month clock for the deductions on the security deposit start ticking today"

A judge would be satisfied that surrender occurred with the turning in of keys and start the 30-day counting period strictly from when the unit was physically vacated. Therefore, the safe approach is to send the 'Notice of Intention to Impose Claim on Security Deposit' out within 30 days from the date the tenant physically vacates.

If you fail to send the 'Notice of Intention to Impose Claim on Security Deposit' out within 30 days, the landlord forfeits the right to impose a claim on the security deposit. In other words, you must return the full security deposit to the tenant. (The landlord can file a separate law suit to claim damages)

The landlord has within 30 days to sent the 'Notice of Intention to Impose Claim on Security Deposit' and another 30 days to send any remaining security deposit back to the tenant. Whatever the date on the Notice, Judges view the postmark date as conclusive evidence that the 'notice' was sent within the 30 days. If the postmark is not within 30 days of vacating, then the Notice is late.

Florida requires statutory language on the 'Notice of Intention to Impose Claim on Security Deposit'.

If this is a month to month rental. As long as the tenant has paid through the end of the month, a short notice will be acceptable to most judges. Partially losing a deposit dispute in court could result in substantial attorney fees (if the tenant has an attorney) and court cost awarded against the landlord. (No prorated rent is due back)

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