Legal Question in Business Law in Florida

Deposit

I need to know how long the leasing agent can hold on to my rental deposit after they were given the keys Or how long after we gave them notice of moving out?


Asked on 6/23/09, 3:57 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Deposit

For residential property, 15 days after moving out IF the LL does not make a claim against the security deposit. If the LL intends to keep a portion of the security deposit, see the procedure below:

FL Statute 83.49

(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: [omitted]

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.

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Answered on 6/23/09, 4:56 pm


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