Legal Question in Landlord & Tenant Law in Florida

FLORIDA RESIDENTIAL LEASE RETURN OF DEPOSIT

I have a question about the timing of the certified letter the landlord needs to send the tenant if the landlord is going to keep a portion of the deposit.

The landlord terminated our month to month lease by certified letter which was sent on OCT 2 and received on OCT 4. The letter stated we needed to "vacate the premises by NOV 2".

She also said that we would owe her 2 days rent if we stayed until NOV 2, but also said that if we vacated by OCT 31 we would not owe her any additional rent.

We told her we would vacate by OCT 31 and she agreed that we would not owe her any additional rent.

My question is when does the 30 day clock begin for her to send us the certified letter stating why she is withholding some of our deposit. Is it 30 days from when we both agreed to vacate (OCT 31), or is it 30 days from the lease termination date in her original letter (NOV2).


Asked on 12/03/13, 12:16 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

30 days from the date that you gave her the keys back or had a walk through or actually vacated and notified her of that. Remember even if the security deposit claim is waived, you can be responsible for damages, a lien cannot be imposed on the security deposit that is all.

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Answered on 12/03/13, 12:21 pm


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