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Florida Statutes, requires the landlord to give written notice of intent to claim a security deposit within 30 days of the date the tenant vacates the premises. The notice must be sent by certified mail and must be sent to the tenant’s last known address. There is specific language (supplied in Section 83.49, Florida Statutes) that must be included in the notice. A landlord who is not going to make a claim on a security deposit is required to return the deposit within 15 days of the date the tenant vacates the premises. find a Notice of Claim Against Security Deposit.
If the tenant pays the full amount of rent due within the terms of the Notice, the landlord may not evict the tenant for non payment of rent. If the tenant fails to pay the full amount of rent that is due or the tenant does not vacate the premises within the terms specified in the Notice, the landlord may file an eviction action in court against the tenant.
If you are involved in a dispute with your landlord or tenant, you should speak with a landlord and tenant attorney to discuss your specific case. I offer a free telephone consultation with an attorney to review your case or potential case. The information below is not intended as legal advice, but general information relevant to the eviction process under Florida law.
The tenant has certain responsibilities. If the tenant fails to live up to these responsibilities, the landlord may begin eviction proceedings against the offending tenant.
The tenant must pay rent and security deposit and follow all other legal requirements in the rental lease agreement.
The tenant must also:
Eviction is a lawsuit in which a landlord requests the court to order removal of the tenant from the property, and returning possession of the property to the landlord. Landlord may also be able to sue the tenant for unpaid rent or damage to the rental unit.
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