QUESTION

Does the landlord have any claim to our security deposit even though he contacted us 26 days after our lease ended and we vacated the property?

Asked on Nov 17th, 2011 on Real Estate - Florida
More details to this question:
Florida statutes, ch.83, s. 83.49, s3a says this "Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give the tenant written notice by certified mail to the tenant''s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim... If the landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose a claim upon the security deposit." Our lease ended September 30, the day we vacated the property. The notive of intention to impose claim on security deposit we received is dated October 26, 2011, and we received it arount October 31st. Am I missing something or has he already forfeitted his right to impose a claim?
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1 ANSWER

Probate & Trust Attorney serving Fort Lauderdale, FL at Parady & Zikakis, P.A.
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You have misquoted the statute.  Presuming yours is a residential tenancy and the notice was given by certified mail, the landlord appears to have given the notice within the required 30 days under the facts as you have presented. The relevant part of Florida Statutes Section 83.49 is as follows: (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: 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 give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. (b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.  You can find the entire statute and the other Florida statutes at: http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=236708877&CFTOKEN=28715719    The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. 
Answered on Nov 27th, 2011 at 6:12 PM

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