Legal Question in Landlord & Tenant Law in Florida

Security Deposit

I did not give 30 days notice when moving from a rented house. I gave my landlord a $1400.00 security deposit and have been told due to me not giving a 30 day notice I will not get my security deposit back. I thought a secuirty deposit was for damages only. Can I take him to small claims court and have a chance of winning my case even though I did not give 30 days notice?


Asked on 6/21/07, 2:54 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Security Deposit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The notice requirement varies based on the type of lease you had. You failed to mention whether or not your lease was over. Also, if there was no lease were you a month to month tenant or week to week?

Florida Statute 83.49 states in part:

Except when otherwise provided by the terms of a written lease, any

tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.

Scott R. Jay, Esq.

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Answered on 6/22/07, 12:24 am


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