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  1. #1
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    Jan 2016
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    Default When Must a Landlord Provide Notice of a Claim Against a Security Deposit

    My question involves landlord-tenant law in the State of: Florida

    I moved to Florida and signed a 7 month lease. I only lived in the apartment for 4 months. Shortly after I moved there my job assignment changed and I had to move back home. I gave a 60 day notice and paid thru the notice. I did sign a lease contract addendum with 2 choices and initialed both. I received a Notice of Intention to impose claim on security deposit letter 60 days later and it quoted section 83.49 florida statute. I read this to understand that if my statement was not received within 30 days that they had no right to impose these fees and they are required to return my security deposit. The home was left in good condition and I was not charged anything for damages just $2,900 in termination fees.

    Can they enforce this since noticed was received so late?

  2. #2
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    Default Re: When Must a Landlord Provide Notice of a Claim Against a Security Deposit

    Quote Quoting bloodws
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    I read this to understand that if my statement was not received within 30 days that they had no right to impose these fees and they are required to return my security deposit.
    I have no idea what you are trying to say. If the landlord doesn't receive a notice from you, how is the landlord supposed to act on that notice? Are you speaking about a statement from the landlord, and when you received it?

    Are you talking about Sec. 83.49(2), relating to the requirement of a landlord "in the lease agreement or within 30 days after receipt of advance rent" to identify the bank in which the money is held? Is that not done in your lease? Are you talking about subsection (3)(a) regarding notice of a claim against a security deposit after the premises are vacated? Something else?

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