Legal Question in Real Estate Law in Florida

Yes, you do have recourse. As a landlord, you must notify the tenant in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why you are keeping a portion of or all of the tenant's deposit. The written notice must take 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 notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit. Beyond retaining the deposit, you will have to sue her in civil court (small claims) for additional damages to the property.

For additional information on FL landlord tenant law, see the helpful handbook located at http://www.800helpfla.com/landlord_text.html. For information on how to sue in small claims court, see the Clerk of Court website for the county in which the property is located.