Legal Question in Landlord & Tenant Law in Florida
My landlord is not returning all of the security deposit due to 'damages and cleaning' we have bickered back and forth about amounts. I and the 2 roommates claim the property is in the same condition as when we moved-in. We feel they are trying to claim pre-existing wear and tear on our deposit. We don't have pictures, they do have pictures of the condition on move-out. Is it worth taking them to court over $336.50? Part of me wants to just out of fairness, but it may be more effort and cost than I'm willing to pay. And if we lost and had to pay their court costs I'd be really upset.
1 Answer from Attorneys
Hi. I don't know if it's worth going to court over, but you definitely should at least make sure landlord strictly complied with the statute regarding keeping part of your security deposit. If they did not fully comply, they are not entitled to ANY of your deposit. Section 83.49 of Florida Statutes requires the following:
(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:
This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .
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.
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