Legal Question in Landlord & Tenant Law in Florida

Re: rental deposit

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I believe postmarked is sufficient. Florida Statute 83.49 (3) (a) says in part, "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." 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. It does not even require for the notice to be received for it to be valid.

Please note that the statute goes on to say, "(b) Unless the tenant objects 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 the tenant within 30 days after the date of the notice of intention to impose a claim for damages." Be sure to file your objection within the mandated period.

Scott R. Jay, Esq.