My question involves an eviction in the state of: Florida
This question was previously asked in 2009 and was never answered. The thread was unfortunately closed. I have had the same question in the past and, in spite of a lot of research, have not been able to find the proper answer. In short, I know that it is best to send a Notice to Impose Claim on Security Deposit letter to the tenant, even when that tenant is evicted, just to make sure there are no questions as to the right to make the claim. As previously stated in the closed thread, the statute regarding security deposits says that you have 30 days "Upon the vacating of the premises for termination of the lease" to send that Notice or else the landlord waives his/her right to make a claim on the deposit. The question is, in an eviction, what day is considered "vacating the premises for termination of the lease"? Is it the day the tenant physically leaves the property on his/her own? Is it the day the Writ of Possession is issued? Is it the day the Sheriff executes the Writ and kicks the tenant out? Or could it even be as early as the day the tenant is served with eviction papers, as one could argue that the lease is "terminated" at that point? This eviction involves a rather large security deposit and I have a feeling the tenant will make a claim for it, even though he owes money for rent, so I need to make sure everything is done just right. Any help is appreciated. Thanks.