FLORIDA SECURITY DEPOSIT ( Florida Statute 83, Sec 83.49)
* As in all cases, always take a last walk-through with the
landlord before you vacate the rental dwelling! Note any damages
in writing and reach a final agreement concerning any financial
penalties which may occur or that may jeopardize the status of
your security deposit return. See our Guide on Normal
Wear and Tear.
*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 tenant is
required to give the landlord a valid address at which the tenant
can be contacted.
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*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.
*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.
*If either party institutes an action in a court of competent
jurisdiction to adjudicate the party's right to the security
deposit, the prevailing party is entitled to receive his or her
court costs plus a reasonable fee for his or her attorney. The
court shall advance the cause on the calendar.
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WHEN YOU DECIDE TO MOVE
* You must give the required notice! Be sure to check your lease
agreement and the Florida Statute 83 for the specific time
period that is required for appropriate notification to
terminate the Florida lease.
* If a specific time period is not included in your lease
agreement, the table below indicates an appropriate notification
time period to provide written notice in Florida:
(1) When the tenancy is from year to year, by giving
not less than 60 days' notice prior to the end of any annual
period;
(2) When the tenancy is from quarter to quarter, by
giving not less than 30 days' notice prior to the end of any
quarterly period;
(3) When the tenancy is from month to month, by giving
not less than 15 days' notice prior to the end of any monthly
period; and
(4) When the tenancy is from week to week, by giving
not less than 7 days' notice prior to the end of any weekly
period.
* Send all correspondence relating to your intention to move
to the landlord by certified mail (return receipt requested) or
deliver it by hand and insist on a receipt.
* It is a good idea to talk with the landlord in person, if you
must cancel a lease before its expiration date, perhaps the
landlord will accept your security deposit as your total
financial obligation. If so, be sure to obtain a signed
agreement to this effect from the landlord.
* One of your most important responsibilities as a tenant is to
leave the premises in clean condition for the next occupant.
* Take a last walk-through with the landlord before you vacate
the premises and note any damages in writing and reach a final
agreement concerning any financial penalties that may occur.
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