Legal Question in Landlord & Tenant Law in Florida
Security Deposit
I did not give 30 days notice when moving from a rented house. I gave my landlord a $1400.00 security deposit and have been told due to me not giving a 30 day notice I will not get my security deposit back. I thought a secuirty deposit was for damages only. Can I take him to small claims court and have a chance of winning my case even though I did not give 30 days notice?
1 Answer from Attorneys
Re: Security Deposit
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The notice requirement varies based on the type of lease you had. You failed to mention whether or not your lease was over. Also, if there was no lease were you a month to month tenant or week to week?
Florida Statute 83.49 states in part:
Except when otherwise provided by the terms of a written lease, any
tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.
Scott R. Jay, Esq.
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