What should I do about a tenant's rejection of my security deposit claim?

Full question:

The tenant in my Florida condo terminated early and I relet the unit three weeks later. Within the 30 day time period required by Florida statute 83.49(3(a) I sent her a certified letter as a notice of my intention to impose a claim for damages against her sequrity deposit for the difference of the deposit minus the amount collected by reletting. She mailed me a letter rejecting my claim and referred me to a nonresidential tenancy statute. She also rejected my claim because she said she gave me verbal notice of her intent to move out. No verbal notice was given for her move out date. She called to tell me that she was buying a place and may need to move out early. When I responded in writing that she had to honor her lease, she sent me a letter giving me ten days notice and then moved out ten days later. My question is what do I do next: Do I send her the balance of the security deposit and tell her that her rejection is invalid since it is a residential tenancy and that only written notice counts or do I wait for her to sue me? I just want to move on with my life and not carry on writing back and forth to her.

  • Category: Landlord Tenant
  • Subcategory: Security Deposit
  • Date:
  • State: Florida

Answer:

I cannot provide legal advice. According to Florida law, a tenant must object to a notice claiming a security deposit within fifteen days of receiving it. The validity of the termination notice depends on the lease terms and the type of tenancy. If the lease does not specify a duration, the termination notice must be in writing. If there is a specific duration in the lease, the lease terms may outline a different notice method for early termination. Please refer to the relevant statutes for more details (Fla. Stat. § 83.49). Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Florida Statute 83.49(3) outlines the procedures landlords must follow regarding security deposits. Specifically, it requires landlords to notify tenants of any claims against their security deposit within 30 days after the tenant vacates. The notice must include the amount claimed and the reasons for the claim. If the tenant disputes the claim, they must respond within 15 days. This statute ensures transparency and gives tenants the opportunity to contest any deductions from their deposit. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*