Trouble with your Landlord? You’re not alone; in fact Landlord/Tenant issues are in the top ten Florida consumer complaints.
Landlords in Florida are generally required to give notice to their former tenants if they intend to impose a claim on their security deposit or keep it in its entirety. Florida Statue § 83.49 is very specific when it comes to the notice required:
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 statue is very specific in that the landlord has a duty in notifying their former tenants if they plan on keeping any of the security deposit. It is never acceptable for a landlord to keep a tenants security deposit after the tenant vacates pursuant to termination of the lease.
Have more than 30 days passed and your landlord still has not sent your security deposit back? Are you currently in small claims court and having a difficult time with the service of your former landlord? We at Palmetto Law Group deal with these issues regularly and can be your advocate against a landlord who is wrongfully keeping your security deposit.
Still have questions? Feel free to use our custom search function below to find answers to your questions, or better yet just give us a call toll free at 1-855-529-7256, or simply reach out to us through our online portal.
