Legal Question in Landlord & Tenant Law in Florida

I moved out of a house that I had been renting on a month to month basis. Within the 30 day window the Landlord sent me a Notice of Claim Against Security Deposit listing 4 items she was claiming as damages. I responded the next day to this with pictures and evidence defending my position on the issue she was claiming and asking to see pictures of these damages. About a week and a half later the landlord sent a response to my dispute of claims by sending another Notice of Claim Against Security Deposit stating that the first one that was sent during the 30 day window was no longer valid and that they where adding an additional item of what they are now calling major damages.

What I would like to know is if a landlord sends you the Notice of Claim Against Security Deposit within the 30 day window and you dispute the claim can they send a new Notice of Claim Against Security Deposit adding new damages that have never been mentioned in the first Notice ?


Asked on 4/12/15, 5:06 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Can the landlord do this? Yes. Can you sue to recover the security deposit? Yes. The landlord still retains a right to sue for damages for any appropriately damaged items even if not listed in the letter. Seek some legal guidance to decide how to proceed and bring it to conclusion.

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Answered on 4/13/15, 6:09 am


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