Legal Question in Landlord & Tenant Law in Florida

Florida Statue VI 83.49

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 shall contain a statement in substantially the following form:

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

Does the landlord have 30 days to get the letter post-marked or is the tenant supposed to receive it within the 30 day period? If the landlord sends the letter 29 days after the tenant vacates (turned in the keys) and the tenant receives the letter 31 days after turning in the keys, does this mean the landlord has then forfeited his rights to claim any amount of the deposit?


Asked on 10/26/11, 7:35 am

1 Answer from Attorneys
Joseph Brien THE PEOPLE'S ADVOCATE

Mailing date, ie., landlord must mail within 30 days the notice of claim on the deposit.

If the landlord fails to send letter within the 30 days, the landlord waives its claim against the tenant's deposit; however, landlord could still sue for damages.

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Answered on 10/26/11, 8:02 am


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