Legal Question in Landlord & Tenant Law in Florida

I believe so also. The lease would be followed as opposed to the statute.

The lease does not trump the statute and limit the claim period to 10 days. If the landlord fails t follow the statutory claim form and time frame, then you are entitled to the security deposit back, HOWEVER, you may still be responsible for the damages, if any, to the unit. In order to get the security deposit, you would have to file a small claims action, if it is not paid without that. Then you are subject to a counter claim for the damages.

These are your rights.

Section 83.49(a), F.S.

Upon vacating of the premises for termination of the lease:

If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or,

Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address.

If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit.

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

After receiving the landlord�s notice of intention to impose a claim, the tenant will have fifteen (15) days to object in writing. If no written objection is received, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within thirty (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 Florida 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.