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?

Related Topics:
1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.