Do I return the security deposit since tenant vacated early with improper notice

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: 04/07/2025
• State: Florida

Answer:

I am prohibited from giving legal advice. Florida statutes require the tenant to object to the notice to impose a claim on a security deposit within 15 days of its receipt. Whether the termination notice given was valid depends on the term of the tenancy and the lease terms. If the tenancy didn't have a specific duration, the termination notice given must be in writing. If there was a specific duration in the lease, the terms of the lease may provide for another method for providing notice of early termination. Please see the statutes below to determine applicablility.