Re: Florida security deposit question - Landlord Forum thread 337670

Re: Florida security deposit question by MrDan (Georgia) on July 28, 2015 @01:36

"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)

[ Reply ] [ Return to forum ]

Re: Florida security deposit question by J ( FL) on July 29, 2015 @12:03	[ Reply ]

Thanks Mr Dan. I am going to use the move out date, to be safe

Re: Florida security deposit question by MrDan (Georgia) on July 29, 2015 @12:28	[ Reply ]

Here is the statutory statement; FS 83.49(3)(a) states: The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .