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Speak with an experienced lawyer to discuss your specific facts, and review Florida Eviction Law Chapter 83
Not Making a Claim on the Tenant's Deposit
After the tenant has vacated at the end of a lease rental term, or after execution of the writ of possession, if the landlord does not intend to impose a claim on the security deposit, the landlord has 15 days to return the security deposit, together with interest if otherwise required, to the Tenant.
Landlord must return deposit within 15 days
if No Claim On Deposit is made
Making a Claim on the Tenant's Deposit
If the landlord intends to make a claim against the tenant's deposit, then the landlord has 30 days, from the date the tenant vacated the property, to give the tenant written notice by certified mail of the intent to impose a claim and the reasons for imposing a claim.
The notice of intent to claim against deposit should be mailed to the tenant's last known mailing address.
Landlord must give notice within 30 days
of intent to claim on deposit
Tenant's Time to Object to Claim on Deposit
The tenant must object to the imposition of a claim on deposit or to the amount of the claim within 15 days after the tenant receives the landlord's notice. If no objection is received by the landlord from the tenant, then the landlord may deduct the amount of the claim from the deposit, and the landlord shall remit the balance (if any) of the deposit to the tenant within 30 days after the date of the notice of intent to impose a claim on deposit. Even if the tenant fails to timely object (within 15 days), the tenant could seek a return of the deposit and damages in a separate case in court.
Tenant must object to claim
within 15 days
Landlord's Time To Give Notice to Tenant
If the landlord fails to give the tenant required notice of intent to claim against deposit within 30 days after the tenant has vacated the property, landlord forfeits the right to impose a claim upon the security deposit and may not seek a set-off against the deposit but may file a separate action for damages after return of the deposit.
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