[RPPTL Leasing Committee] Common scenario

Mon Jul 11 14:09:18 PDT 2022

I've always relied on the "termination" part of the language - which doesn't occur upon mere abandonment but, instead, upon the later of the end of the term or the earlier termination at the Landlord's election or upon agreement for early termination with the tenant.

To hold otherwise would require a landlord to send back the security deposit before the obligation to maintain has ended, before all the damages are possible to determine (rent, disrepair from being empty, vandalism, etc...).

Just my thoughts.

I will give you that the portion of the "disclosure" says "when you move out" instead of "when the lease terminates" - which is one of the reasons I think the statute needs work. (Along with Section 83.59 indicating a landlord can use it when termination occurs and not when only possession is being retaken per 83.595(2) and where 83.56(3) kind-of indicates that the landlord has the option to "terminate the rental agreement" but not indicating how the landlord would be able to elect to retake possession by Court process having terminated possession but not the lease as a whole).

I could be completely off-base.

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Jeremy T. Cranford
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Licensed in Florida & Missouri
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From: landtencl-bounces at lists.flabarrpptl.org <landtencl-bounces at lists.flabarrpptl.org> On Behalf Of Real Estate Leasing Committee
Sent: Monday, July 11, 2022 3:39 PM
To: landten at lists.flabarrpptl.org; landtencl at lists.flabarrpptl.org
Subject: [RPPTL LandTenCL] Common scenario

I may have posted this a long time ago but here it is again.

Tenant completely vacates 3 months prior to lease end and has prepaid rent OR continues to pay rent.  Landlord is trying to get a replacement tenant and departed tenant has no problem with this.

When does the 30 day clock begin for the Notice of Intention to Impose Claim on Deposit?

Portions of statute are below.

Harry

83.49 ..............

..........THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT.

THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS............

(3) The landlord or the landlord's agent may disburse advance rents from the deposit account to the landlord's benefit when the advance rental period commences and without notice to the tenant. For all other deposits:   (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 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..................

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 and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

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Email:  harry at evict.com<mailto:harry at evict.com>

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