Lenoir City, TN asked in Landlord - Tenant for Florida

Q: Landlord's intent to lay claim to our damage deposit.

We turned the house (&keys) over to the landlord on 1/22/2017. On 2/22/2017, the landlord sent an intent to lay claim to our damage deposit (it was dated 2/16/2017). My calculations have the letter sent 31 days after they took back possession. FSS says they have within 30 days to notify us of the intent to lay claim on our damage deposit. Are they within their rights? (We had a year lease and was on a month-to-month with them.)

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1 Lawyer Answer
Antoine Dumas Jr.
Antoine Dumas Jr.
  • Ft. Lauderdale, FL
  • Licensed in Florida

A: To answer your question, it depends. On a Month to Month contract, FL law requires you provide the LL with 15 days notice that you're moving out. Assuming you did NOT comply with that requirement, if the LL actually sent the letter, via certified mail, on 2/16 then his notice should be considered timely and potentially enforceable provided it contained all the necessary provisions.

However, If you did provide adequate notice and you intend to dispute the LL's claim to your deposit, for any reason, you have 15 days from when you received the letter to object which would have been yesterday.

Lastly, if you sent him a timely objection within the 15 days, your next step is to go to small claims court if the deposit is less than $5,000.

If you need any additional help, my firm is available to assist. I wish you the best!

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