Eviction, Landlord-Tenant, Security Deposit

Florida Landlords may be safe from Returning the Security Deposit

Some Florida Landlords are not aware of their rights regarding Security Deposits. As a result, they may end up returning it and have to pay Attorney’s Fees.  This occurs if they fail to comply with giving notice.   However, an exception is stated in Florida Statute Chapter 83.49.   If you have questions about the Notice Requirement for Florida Security Deposits, contact 954 Eviction Lawyers at (954) 323-2529.

When are Florida Landlords not required to give notice regarding a Security Deposit?

83.49(3) requires Landlords to return the Deposit within 15 days or impose a claim on it within 30 days.  Failure to do so can result in being sued and having to pay Attorney Fees.  These cases can be a nightmare for a Landlord that tries to fight them.  However, notice is only required under two conditions:

  1. Tenant leaves on the last day of the lease.  The Landlord must then send Notice to the Last known address.
  2. Tenant vacates or abandons the property before the lease expires.  As a result, they must give a 7 day written notice by certified mail or personal deliver it to the Landlord.  They must provide the address that they can be reached.

It these are not complied with,  they can still sue for the deposit based on other grounds.  The second condition is rarely used by Landlords.  Unfortunately, this has resulted in litigation resulting in Attorney Fees.

Understanding Notice for Florida Security Deposits can be complicated.  If you have questions about your rights, contact 954 Eviction Attorneys, PLLC at (954) 323-2529.

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