Legal Question in Landlord & Tenant Law in Florida

Florida Statue VI 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:
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.
Is the 30 day period from the date sent or first delivery signed receipt of the certified mail?

Asked on 10/25/11, 7:18 am

1 Answer from Attorneys

Joseph Brien THE PEOPLE'S ADVOCATE

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Generally, the 30 day period begins when the landlord receives possession (the keys) to the property. If the landlord failed to send the mail to your last address, or address you provided the landlord within the time period you are entitled to receive the deposit back.

The prevailing party is entitled to an award of Attorneys' fees, filing fees and costs in addition to the deposit under the Florida statutes.

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Answered on 10/25/11, 7:42 am

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