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  1. #1

    Default Florida Eviction and Security Deposit

    My question involves an eviction in the state of: Florida.

    With all due respect, the situation of the security deposit in an eviction here in Florida is about as clear as mud. The procedural facts of my particular case are illustrative. At the beginning of March, when the tenant did not pay March and still owed part of February, I began eviction with a 3 day notice and then filed a Complaint for Eviction (with a count two for unpaid rent). The unpaid rent was of course the unpaid rent for February and March. At first I figured I would have to deal with the security deposit (as an offset against the unpaid rent and then for additional problems like cleaning and damage), but I was wrong. The standard court forms here in Sarasota County have no provision for any of that and in a default situation (which is almost ALWAYS, because if they had the rent to pay into court to answer the complaint, they would have just paid the rent) you could theoretically be in the bizarre position of having a (uncollectable) judgement for rent but have to give them the security deposit back. (now I understand you could assert your judgment for rent in their action for the security deposit and I suppose the judge in that action could require you to file a partial satisfaction of judgment in the amount of their valid claim for refund of the security deposit but that would all be a bit obtuse now wouldn't it?)

    But that didn't happen because the place was full of dirt and trash and damage. So the issue is when and how does the security deposit have to be dealt with? It's all very well and good to say follow your state's law:
    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
    but when is the Lease Terminated for purposes of the 30 day notice? There are several possibilities: 1) The date of the Judgment for Possession (which was before the end of March). 2) The end of March (I am getting a money judgement for unpaid March rent) or 3) The regular end of the annual lease (which in this case also happens to be the end of March as the eviction was in the last month of the Lease) or 4) the date the tenants moved out and I retook physical possession (a couple of days before the Judgement for Possession).

    I am going with the end of March but if it were the date of taking actual possession or the date of the Judgement for Possession I might be over the 30 days and theoretically screwed if they sued me for the security deposit. I am preparing the deduction letter now which is how I happened to find this fine forum in the first place.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Florida Eviction and Security Deposit

    If you are telling us that there's a specific date that the tenant moved out and you retook possession, by any conventional definition of the term that would be the date they vacated.

    If not, upon the conclusion of the notice period you can litigate your eviction case.

    Beyond that, what are you trying to ask?

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Florida Eviction and Security Deposit

    The first thing I would do is check the terms of your original lease agreement. In it, it will say what the terms of the security deposit are (and in a lot of cases - such as CA), you are entitled to use the deposit for any unpaid rent, but not until after the tenant has moved out. And in CA, the date of the tenant moving out is the first day you have legally taken back ownership of the property.

    If I am reading your post correctly, you will still have 30 days to serve him with regards to the security deposit from the day he is legally no longer your tenant as determined by the courts.

    Good luck!

    I hope this helps

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