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Eviction and Security Deposit

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  • 02-16-2009, 03:18 PM
    richma7175
    Eviction and Security Deposit
    My question involves an eviction in the state of: Florida

    Hello,

    I am in the middle of an eviction that I have filed against 2 tenants who are 3 months behind on rent. I noticed today that they have vacated the premesis even know the filed a motion to determine rent. I want to know if I am able to keep the security deposit for the unpaid rent? do I have to send them an intent to claim letter in this case? Any help would be greatly appreciated. I want to make sure everything is doe according to law because this has been a nightmare. Thanks in advance.
  • 02-18-2009, 09:05 AM
    Mr. Knowitall
    Re: Eviction and Security Deposit
    You can follow your state's security deposit laws and, consistent with its notice provisions, apply the security deposit to rents owed.
    Quote:

    Quoting Florida Security Deposits
    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 tenant is required to give the landlord a valid address at which the tenatnt can be contacted.

    *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

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