Legal Question in Real Estate Law in Florida

Re: Repairs...

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Florida Statutes 83.49 says that any claim against your security deposit must be made:

(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or 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 or her intention to impose a claim on the deposit

and the reason for imposing the claim.

The notice must be in the statutory form as required by law. If the landlord fails to follow this procedure, then the deposit must be returned to the tenant. The landlord can still file a claim but cannot deduct the amounts from your deposit. If you need to hire an attorney to enforce this statute, the landlord will be responsible for your attorney's fees and court costs if you win in court.

Scott R. Jay, Esq.