Security Deposits

The Landlord has 15 days from the time the tenant vacates the premises to send a certified letter to the forwarding address the tenant has given the landlord with the full amount of the deposit, or to the last known address of the tenant, which may be the rental unit, if no forwarding address was given.

The Landlord has 30 days from the time the tenant vacates the premises to send a certified letter to the forwarding address the tenant has given the landlord stating in detail why the Landlord is keeping part or all of the deposit and returning what is left, or to the last known address of the tenant, which may be the rental unit, if no forwarding address was given.

The notice must also state that the tenant has fifteen (15)   days to object or the landlord will be allowed to keep the money.

Section 1. Subsection (3) of section 83.49, Florida Statutes, is amended

to read: 83.49 Deposit money or advance rent; duty of landlord and tenant.—

(3)(a) 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 in which 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 notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of …. upon your security deposit, due to ….. It is sent to you as required by s.  83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to …(land-lord’s address)…. If the landlord fails to give the required notice within the 30-day 15-day period, he or she forfeits the right to impose a claim upon the security

deposit.

(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for dam-ages.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s.