Legal Question in Real Estate Law in Florida

From what I read online my landlord (residential house) had 30 days to send me notice if she was going to deduct anything from my security deposit. She tells us she sent it certified mail on the 30th day. Was she required to have it delivered by the 30th day or just put in the mail on the 30th day?

Thank you


Asked on 1/10/12, 11:54 am

1 Answer from Attorneys

Joseph Brien THE PEOPLE'S ADVOCATE

The Notice must be sent by the 30th day by certified mail. See Florida statutues below:

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:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to

deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .

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.

I hope this was helpful. Note that landlord claim must be reasonable and supported by documentation.

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Answered on 1/10/12, 2:08 pm


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