21 Notice of Intention to Impose Claim on Security Deposit in Florida

The document titled “Notice of Intention to Impose Claim on Security Deposit in Florida” is a formal communication from a landlord or their agent to a tenant, informing them of the intention to deduct from the tenant’s security deposit for damages incurred. This notice is mandated by Section 83.49(3) of the Florida Statutes and must be sent via certified mail to the tenant’s last known address within 30 days after the tenant vacates the premises.

What can a landlord deduct from a security deposit in Florida?

In Florida, a landlord can legally deduct from a tenant’s security deposit for several specific reasons under the Florida Residential Landlord and Tenant Act. Landlords are required to return the security deposit or provide a written notice of their intent to impose a claim on the deposit within 30 days after the tenant vacates the property. This notice must detail the reasons for the deductions and the amount of each deduction. The tenant then has 15 days after receiving this notice to object in writing. If the landlord fails to provide this notice within the 30-day period, they forfeit the right to impose a claim on the deposit.

The notice outlines the process and legal requirements involved, including a stipulated 15-day period during which the tenant can object to the deductions in writing. If the tenant does not respond within this period, the landlord is then authorized to deduct the claimed amount. The document also highlights the tenant’s right to pursue damages in a separate action if they disagree with the landlord’s assessment. The form also includes placeholders for the tenant’s name and address, the amount of damages, the reason for the claim, the landlord’s contact details, and instructions for the tenant to send their objection. This document is crucial for landlords to comply with the legal framework while handling security deposits and claims for damages.

Here is a step-by-step guide on how to fill out this form:

Tenant Information

• Tenant’s Name and Address: Fill in the full name of the tenant and the address of the rented property. This is typically where the tenant resided during the lease term.

Notice Statement

• Insert the Amount of Damages: Enter the total amount you are claiming from the security deposit. This should reflect the estimated cost of repairs for any damages you believe the tenant is responsible for.
• Reason for Claim: Specify why you are claiming these damages. Describe the damage done to the premises or any other reason you are withholding part of the security deposit (e.g., unpaid rent, cleaning fees).

Legal Notification

• Statutory Reference: Confirm that the notice is sent in compliance with Section 83.49(3) of the Florida Statutes. This statement is usually pre-written in the form.
• Objection Instruction: Include clear instructions for how the tenant can object to the claim. This should mention that the tenant must send a written objection within 15 days from receiving the notice.

Landlord Information

• Landlord’s Name: Provide your full name or the name of the entity that owns the property.
• Landlord’s Address: Enter the address where you or your managing agent can be contacted.
• Phone Number: Provide a phone number where you can be reached for further communication.

Delivery Method

• Certified Mail Requirement: Remember to send this notice via certified mail to ensure there is proof of delivery. This is crucial for compliance with legal requirements.

Additional Support

• Assistance Information: If the form was completed with the assistance of another person (e.g., a property manager or legal advisor), include their name, address, and phone number. This is optional but can be helpful if clarification on the form is needed.

Review and Send

• Final Check: Review the entire form to ensure all information is correct and complete. Mistakes or omissions could affect your legal rights to claim the deposit.
• Send the Form: Mail the completed notice to the tenant’s last known address as per the lease agreement or the address they provided upon moving out.

By carefully filling out and sending this form within the required timeframe, you ensure compliance with Florida’s security deposit laws and protect your rights as a landlord.

How to sue landlord for security deposit in Florida?

This is typically pursued in small claims court, where you can represent yourself without the need for an attorney. Before filing a lawsuit, send a demand letter to your landlord requesting the return of your security deposit. The letter should outline the legal requirements for a security deposit return, state the amount owed, and specify a deadline (usually 7 to 15 days). Ensure the amount you are suing for falls within the small claims limit in Florida, which is currently $8,000.