Legal Question in Landlord & Tenant Law in Florida
My lease ended in November and today, over two months later, I received notice via certified mail from the apartment complex stating that they are imposing a claim for damages against my security deposit. Does the landlord forfeited his right to impose a claim upon my security deposit and charge for damages? I gave proper notice of my move out date and he failed to give notice within 30 days of the end of my rental agreement.
2 Answers from Attorneys
Yes, your landlord has 30 days from the day you vacated the premises to impose a claim on your security deposit. If he failed to do so, he has forfeited his right to impose a claim for damages. In order to ensure that you receive the full amount of your security deposit, you must respond in writing within 15 days of receiving your landlord's notice objecting to his claim. If he then does not return your security deposit in full, you can sue him. If you win your case, you are entitled to the full amount of your security deposit and filing and attorney fees.
If you would like to discuss your case further, please feel free to contact my office.
Ms. Jacobs is absolutely correct. If you (or the rental property) are in the Tampa Bay area, I may also be of assistance. Feel free to send me an email.
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