Security Deposits for Residential Leases

05/03/2010 - Kalis & Kleiman Blog - Link to This Entry

Many tenants don't know their rights when it comes to residential leases. All too often disagreements can come up and as a result, a tenant withholds rent and a landlord seeks to evict tenants from the property. What about the scenario where a tenant has been a good tenant and the time in the rented apartment or house went smoothly, but now the lease has ended and it is time to move out. Most tenants do not know that if they gave a security deposit to their landlord at the beginning of their lease, the landlord must return the security deposit within 15 days of vacating the property? Many tenants also don't know that there is such a short period of time in which the deposit must be returned and some landlords do not know their obligations.

Security deposits are governed by Florida Statute Section 83.49, which provides that a landlord must return the tenant's security deposit within 15 days upon the tenant vacating the premises for termination of the lease. Otherwise, the landlord shall provide statutory notice that deductions will be made within 30 days. The notice shall be in similar form and content to the following:This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .

If the landlord fails to provide this notice with the 30 days, he/she forfeits the right to make ANY deductions and the tenant is entitled to a full retun of the security deposit. If the landlord fails to comply with the statute, the tenant can take legal action. If there is litigation, the prevailing party is entitled to court costs and reasonable attorney's fees. The tenant needs to insure that the tenant's new mailing address is provided to the landlord prior to leaving the rental property so the landlord knows where the deposit and/or notice is to be sent.

Commercial and Real Estate Law attorneys Neal Kalis and M. Scott Kleiman pride themselves on not just being lawyers, but being lawyers and counselors. The firm’s personal attention to its clients’ needs and desired results produces a customized approach that this firm delivers to each case. In 1996, Neal Kalis and M. Scott Kleiman formed KALIS & KLEIMAN, P.A. to better serve, advise and counsel their respective clients. They are both AV-rated by Martindale-Hubbell. Together Neal and Scott have more than 50 years of combined experience and they have participated in thousands of transactions, settlements and trials. Kalis & Kleiman has earned a reputation of legal excellence and a history of successfully managing Real Estate Transactions and Real Estate Development cases.