Legal Question in Real Estate Law in Florida

Security Deposit Issue

We have a house in Florida that we rent through a property manager. The last tenants left and owed us in excess of their security deposit due to damages/repairs to the house that they caused (we have documentation that they caused the damages). Our Property Manager sent them a letter detailing the charges. The former tenants sent a letter back saying they were not responsible and that we (the owners) owed them money! Our property manager sent a 2nd letter reiterating the charges, but recommending that the former tenants should accept forfeiture of their deposit (without charging the additional money they owed) and ''call it even.'' The former tenants had 5 days to respond and have not. My question is, what should be the next step? Should the property manager release the funds to us and instruct the tenants to take up the matter directly with us (the former tenants do not yet know our names or where we live.) How long do the former tenants have to file against us for the security deposit? What should we do to prepare in the event this happens? What types of questions should I be asking our property manager? Help!


Asked on 4/05/03, 11:44 am

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Security Deposit Issue

Make sure the letter was sent by certified mail, return receipt requested, or in another manner that can be verified (overnight delivery, fax with fax confirmation sheet, etc.) so the recipient of the written notice cannot later claim that he/she was not timely notified of the damages and of your claim on the security deposit. I am assuming that your property manager knew this when the notice was sent to the former tenant. If the property manager is willing to release the money, take the money but understand that the tenant has 4 years to file a claim against you (and possibly the property manager, if the money is released to you) for the security deposit and other recoverable damages.

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Answered on 4/08/03, 12:39 pm
David Slater David P. Slater, Esq.

Re: Security Deposit Issue

As long as you have proof of the damages and sent them a letter advising of same you are ok. Photos of the damage would be good. They have 4 years to sue for the refund but I wouldn't worry.

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Answered on 4/05/03, 12:48 pm


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