Legal Question in Civil Litigation in Florida

Section 83.49, F. S.

When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.

Section 83.49, 3(b)(c), F. S.

Unless you object 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 you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord�s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord�s right to the security deposit.

In this case, your landlord's certified letter of notice of intent to impose a claim should have been MAILED by October 13, 2009. Because you received the letter on October 16, it is likely it was timely mailed by the 13th. You then have 15 days after RECEIPT of the certified letter to dispute the claim. If you did not object within 15 days, the landlord is entitled to deduct the his claim upon your security and remit the remainder, if any. I'm not going to count out the dates because clearly by January 2010, all this has transpired, and all dates have passed.

In conclusion, I believe the landlord timely sent you a certified letter of his intent to claim a portion of your security deposit. Your argument that you did not have the full 15 days to object is unfounded.

Check your lease on early termination. If you failed to give the landlord proper notice of your early termination of the lease, then the landlord may be able to keep your deposit. Also, as my colleague points out, if you did not send a letter disputing the claim against your deposit, then you have no further recourse available to you. Here is some free information on Florida landlord-tenant law: http://www.800helpfla.com/landlord_text.html