Pompano Beach, FL asked in Landlord - Tenant for Florida

Q: Can a landlord "fix" a violation of the Statutes after a tenant objects to claim on a deposit?

Landlord made a claim on our deposit but did not provide us a return address or a notice which stated we could object within 15 days (Statute 83.49(3)(a). I know my rights as a tenant, so in order to prohibit any "loss of ability to object" on my claim, I sent an objection letter that included my reasoning for objections. Part of that reasoning was the statutes being violated.

The landlord responded with a new letter with the correct statutes. All of this did occur within 30 days of lease termination. Can she do that? If I didn't object, couldn't I have lost my ability to object, thus allowing her to unlawfully use/claim my deposit?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: IMO, both the landlord and you should stop arguing about form over the substance involved--and stop wasting money sending certified mail back and forth. Both of you should sit down over a cup of coffee and resolve this silly non-legal dispute before you both regret it.

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