Legal Question in Real Estate Law in Florida

The owner needs to send you proper notice within 30 days after you vacate if he intends to keep any part of your security deposit. The statute states as follows:

(3)(a) 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. The notice shall contain a statement in substantially 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 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.

If he doesn't give you notice, he automatically forfeits his right to keep it. In that case, you could sue in small claims court and get it back, plus costs and fees. If he does send you proper notice, make sure to respond within 15 days.

Take a look at Florida Statutes 83.49 for the specific details.