Palm Bay, FL asked in Landlord - Tenant for Florida

Q: Do I have to provide tenant with a receipt for the repairs done after they moved out & I deduct money from their Deposit

Do I have to provide my tenant with a receipt for the repairs done after they moved out & I deducted money from their Deposit?

Repairs includes Carpet cleaning, maybe painting one of the rooms because they sealed the nail holes with mismatched color....etc...

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: The common law of human decency requires all humans--including landlords--to be honest, open and honest in all their personal and business affairs. If I have to explain what I mean by this advice you should keep a good lawyer on retainer to help you defend yourself when other humans you do business with learn things that you sound like you are trying to hide. Translation: Refund the difference between the deposit you took and the actual provable expenses you incurred.

Jennifer Hanson Copus
PREMIUM
Jennifer Hanson Copus
Answered
  • Landlord Tenant Lawyer
  • Fort Walton Beach, FL
  • Licensed in Florida

A: Any deductions from a tenant's security deposit should comply with the requirements of Florida Statute 83.49. Landlords have 30 days from the termination of the lease to notify the tenant in writing of their intention to keep a portion of the tenant's security deposit. If the landlord fails to notify the tenant in writing within 30 days, the landlord forfeits the right to keep any portion of the security deposit. The written notice must be sent by certified mail to the address on file for the tenant. It is the tenant's responsibility to provide the landlord with a forwarding address. If they do not, the landlord is not required to provide the tenant with written notice of the security deposit claim. The notice must state the landlord's intention to keep a portion of or all the security deposit and why and must inform the tenant they have 15 days from receipt of the notice to contest it. The tenant's contest of the charges must be in writing.

The Florida Statute suggests using a statement similar to this one:

“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 tenant does not object to the claim on the security deposit:

The landlord can deduct the amount claimed and then return the remainder of the security deposit to the tenant within 30 days of the initial written notice.

If the tenant does object to the claim:

The matter could go to court. Whichever party wins will be entitled to the court awarded sum, plus court costs and attorney fees from the losing party.

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