[RPPTL LandTen] Residential Security Deposit Issue

[Cary Sabol]

Dear Group,
 
I'm writing in reference to F.S. 83.49(3)(a) - Landlord's Notice of Intent to Claim Security Deposit.  The question is as follows:
 
I have a landlord/client who handled their own notice of intent to claim security deposit.  And as you might have guessed, they did not handle it properly.  Now the tenant has filed suit for a refund under the Statute.
 
I know the Statute says "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."  However, I am almost positive that I recently saw a case that allowed the landlord an offset for monies owed to the landlord, in spite of the fact that the landlord did not properly comply with F.S. 83.49(3)(a).  But now I can't find it.
 
Is anyone aware of such a case or was this just a dream of a hopeful landlord attorney?  Any references would be much appreciated.  4th DCA case would be preferred, but grateful for anything on the issue.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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