Form 12 – Notice Of Intention To Impose Claim On Security Deposit Florida

The “Form 12 – Notice of Intention to Impose Claim on Security Deposit” form, serves as a communication from a landlord to a tenant. This form is used in the state of Florida, as per the regulations outlined in Section 83.49(3) of the Florida Statutes. The notice is a formal declaration by the landlord of their intent to deduct amounts from the tenant’s security deposit due to damages or other reasons stated in the notice.

Florida Security Deposit Demand Letter

When ending a rental agreement in Florida, tenants often face the challenge of retrieving their security deposit from landlords. Under Florida law, specifically Section 83.49 of the Florida Statutes, landlords are required to return security deposits within 15 days after the lease ends if there are no claims for damages. If there are claims, landlords must provide a detailed written statement within 30 days. This letter is designed to remind landlords of their legal obligations and to expedite the return of the deposit through a formal request. By following this template, tenants can ensure they communicate their demands effectively and maintain a professional tone, even in potentially contentious situations.

A security deposit return letter Florida typically includes details such as the amount of the original security deposit, any deductions made for repairs or unpaid rent, and the final amount returned to the tenant. It should also provide a breakdown of the deductions, if any, including descriptions and costs of each item. The letter must comply with Florida’s specific legal requirements, including adhering to the state-mandated timeline for returning security deposits, which is within 15 to 60 days after the tenant has vacated the property. The document serves as a record of the transaction and can be used by both parties for future reference or in case of disputes.

This form also emphasizes that if the landlord fails to send the notice within the 30-day window after the tenant vacates, the landlord forfeits the right to retain any portion of the security deposit. Additionally, the document is designed to comply with the Rules Regulating The Florida Bar and includes a section at the bottom for the information of the person who assisted in filling out the form.

To properly fill out this form as a landlord in Florida, follow these steps to ensure that all necessary information is accurately and thoroughly documented. This will help protect your rights to claim part of the security deposit while also complying with Florida law.

Step-by-Step Guide to Filling Out the Form

• Tenant Information
  • Tenant’s Name: Fill in the full name of the tenant(s) who rented your property.
  • Address: Enter the address of the rental property that the tenant was leasing. This should include the street address, city, state, and zip code.

• Date

1. • Write the date when you are sending out the notice. This date should be within 30 days of the tenant vacating the property.

• Claim Details
  • Amount of Claim: Specify the amount you intend to deduct from the security deposit. This should be the amount that covers the damages or unpaid rent as per your claim.
  • Description of Claim: Clearly describe the reasons for the claim against the security deposit. This might include specific damages to the property, any unpaid rent, or other lease violations. Be as detailed as possible to justify the amount claimed.
• Landlord Information
  • Landlord’s Name: Write your full name or the legal entity name that owns the rental property.
  • Address: Provide your current mailing address where the tenant can send any objections to the claim or where any legal correspondence should be directed.
  • Phone Number: Include a contact number where you can be reached for any discussions or clarifications regarding the notice.
• Legal Notice

1. • Ensure the document states that the notice is sent as required by §83.49(3), Florida Statutes, and inform the tenant that they must object in writing to this deduction from the security deposit within 15 days from the time they receive this notice.

• Completion Assistant

1. • If someone assisted you in filling out the form (such as a property manager, attorney, or agent), include their name, address, and telephone number at the end of the form under the section “This form was completed with the assistance of”.

Important Tips

• Certified Mail: Send the notice via certified mail to the tenant’s last known mailing address to ensure you have proof of delivery.
• Documentation: Keep copies of any correspondence and documentation related to the claim and the security deposit, including the condition of the property at move-in and move-out.
• Legal Consultation: Consider consulting with an attorney to ensure compliance with local laws and the proper handling of the security deposit and any disputes.

By carefully completing each section of the form and adhering to the required timelines, you can effectively communicate your intentions and legal rights while also providing the tenant an opportunity to respond or object to the claim.