Landlord Question and Answer Forum

State of Florida, tenant abandons lease owing rent and utility money along with damages to the property. Tenant leaves no forwarding address. Landlord sends notices via emails (which is the only address known for tenant and was the manner in which tenant and landlord communicated prior to and during the lease terms) to former tenant that the security deposit will be held. Now being told that the notice to tenant (even though clearly in default of lease) had to be in a specific form or the notice to withhold the security deposit is not valid and I have to give the security deposit back in full and then I have to sue to collect unpaid rent, unpaid utilities and damage to the property. This makes no sense to me.....any thoughts by others?

83.49 Deposit money or advance rent; duty of landlord and tenant. section (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.

Posted by Donna , NC on Saturday, January 14, 2012