We had a tenant in Florida who moved out without proper written notice. We found another tenant quicly and lost no rent due to the move-out but did spend a considerable amount of the previous tenant's deposit toward reconditioning the home. The tenant now believes that he is entitled to have the entire deposit returned. We did send notice within 30 days of our intent to keep the full deposit due to our expenses although not in perfect format per FL law. Are we under any obligation to return the full amount (or any portion of) their deposit despite our expenses? If so what portion (only amount left after our reconditioning expenses?)
Also we still have time to resend our notice of intent in proper legal format if needed before our 30 day deadline. Is this necessary?
1 Answer from Attorneys
The Florida Statutes are specific about how you have to give notice within the thirty days, but if tenant didn't give proper notice before vacating or abandoning the premises prior to lease term the notice requirement is waived. Without more info, I cannot answer your questions. Did the tenant object within 15 days after receipt of notice? Did your lease agreement have a provision that applies to these circumstances? You will probably find the answer either in your lease or in the Florida Statutes CHAPTER 83: LANDLORD AND TENANT. Consult with an attorney for legal advice on how to deal with this situation.
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