Many Landlords believe that once a Tenant vacates the property, their obligations are done. Unfortunately, that is not the case. While the lease may have ended, they still need to take action regarding the Deposit. In other words, there is a process that they must follow to make a claim on it. Therefore, if you have questions about how to claim it, contact 954 Eviction Attorneys, PLLC at (954) 323-2529.
Is a Landlord’s Claim to the Security Deposit Guaranteed?
Once a Tenant vacates, a Landlord has 15 days to return the deposit in full and 30 days to make a claim. If they choose to make a claim, it must be sent certified mail to the last known address. However, if another address was given, they have to send it there. Failure to comply can be financially dangerous. In other words, if they do not send it in time, they can be liable for the Deposit and Attorney’s Fees.
If they timely send the claim, they are not guaranteed to receive it. However, It does protect their right to contest it in Court. If they send it out and the Tenant fails to object within 15 days, they will be entitled to it. Therefore, they should always take their obligation seriously to avoid any liability.
What Information should the Claim contain?
As they have 30 days to make a claim, they need to list the reasons they believe entitles them to it. This can include damages caused by the Tenant, unpaid rent, and repairs made. In addition, they should attach invoices they received or paid as a result of the damages. If they exceed the amount of the Deposit, they should place a claim on the entire amount plus demand the additional damages. Once they address the claim, they need to inform the Tenant that they have 15 days to object.
How Should they Pursue the Deposit if the Tenant Timely Objects?
After they receive the objection, they should attempt to contact the Tenant to resolve the matter. If they are unable to reach them or settle it, they should file a lawsuit in Court. As the amount is usually $2,000.00 to $3,000.00, most actions occur in County Court. If they are unable to settle the case at Mediation, it will be set for Trial. While a Dispute may seem simple, you have to show that due to the damages, you are entitled to the deposit.
A Landlord’s Claim to the Security Deposit can be challenging. Contact 954 Eviction Attorneys, PLLC at (954) 323-2529 and find out if you can recover it.