Legal Question in Landlord & Tenant Law in Florida

My renter's lease is up in 11 days. He just informed me that he is leaving then. Does he forfeit his security deposit because he didn't give me a 30-day notice?


Asked on 1/18/12, 11:58 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

The lease document should address the notice to vacate or non-renew issue. Typically a Security Deposit is not for an issue related to notice of non-renewal. A security deposit is to protect against damages to the property. However, your lease could allow for a forfeiture of the deposit if there is not proper notice. Even if the lease doesn't provide for it, you may still have some recourse against the tenant, again, if your lease specifies it. If your lease does not require a 30 day Notice then you may have a hard time getting any recourse.

If you intend to hold any portion of the security deposit there are timelines established by Statute which must be followed. If you are not familiar with these timelines you should consult a landlord tenant attorney for more information. You may also want to consider having an attorney review/edit and/or draft a new lease. A one time flat fee for this may avoid future issues.

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Answered on 1/19/12, 9:29 am


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