Hollywood, FL asked in Real Estate Law and Elder Law for Florida

Q: My mother rented an apartment back in April 2018. After January 2019 she started getting Dementia attacks.

About 2 months after she started with Alzheimer. For this reason she had to be taken to Emergency because she almost burned the apt. when trying to fry eggs.

She paid the 1st., last and security for the rental. Due to medical conditions she had to be admitted at a Nursing home for patients with her condition. Question: Isn't she supposed to have the security deposit returned due to her condition?

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: I am sorry to hear about your mother's condition, however I do not think the same would waive applying the security deposit to the damage she caused due to her condition. Th landlord still had the loss to contend with.

In any event the landlord should have provided notice that s/he was making a claim against the security deposit due to damage done while your mother was in possession. This is governed by F.S. 83.49(3). If the landlord failed to give the required notice within 30 days after your mother left, the landlord loses the right to claim a lien, but a lawsuit would still need to be instituted to have a court determine whether any of the security deposit should be returned.

Theoretically if the landlord had insurance which covered all of the damage less the insurance deductible, the security deposit should have been applied against that deductible and the balance, if any, returned.

Unfortunately under the circumstances, being your mother's memory issues and the extent of damage bringing a lawsuit may be a losing cause.

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