Florida Notice to Impose a Claim on the Security Deposit
Landlords are required to send this notice when they are withholding all or part of a tenant's security deposit.
Document Last Modified: 9/6/2017
If a landlord in Florida intends to claim deductions against a security deposit, there are precise steps to be taken. First and foremost, timing is key! Notification in writing containing required language must be sent to the tenant at his/her last address that is known. This must be done within a thirty (30) day time period (NOT LESS THAN UNDER ANY CIRCUMSTANCE). The document MUST be mailed by the United States Postal Service via certified mail.
NOTE: If there are no deductions being taken from the security deposit, the landlord MUST return the full security deposit and any accrued interest no later than fifteen (15) days after the tenancy has ended.
If these steps are not adhered to and followed in a timely fashion, there are consequences to the landlord including the possibility of losing any rights to claims against possible damages. With that being said, it is important also to recognize that the tenant also has a set of steps to follow as well. For instance, after the tenant receives the “Notice to Impose a Claim on the Security Deposit” from the landlord, that tenant has to reply of any objections within fifteen (15) days. Failure to do so results in the missed opportunity for the tenant to make any objections and in that case, the landlord may use the security deposit as spelled out in the document.
Florida’s statutes regarding security deposits, the collection and the return are found in Chapter 83 of the Florida Landlord and Tenant statutes, specifically section number 49.
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