Category Archives: Vacating

Retaking Possession of Rental Property

FS 83.59 provides that the landlord has a right of possession upon the Tenant’s (1) surrender, (2) abandonment or (3) death. Surrender Evidence must prove that the Tenant has surrendered, which means to intentionally relinquish the tenant’s rights to possession, the property to the landlord. Evidence is based on facts and circumstances. Such facts may […]

Security Deposit Claim When Tenant Fails To Give Notice of Vacating

Tenants are entitled to be given notice of the landlord’s intent to make a claim on his security deposit “upon vacating for lease termination,” and the landlord must send such intent by certified mail.  However, this mandate does not apply if the tenant fails to provide the landlord with notice of vacating as provided in FS 83.49(5), which states, Except […]

Security Deposits and the ‘Vacate Date’

Florida Statutes 83.49 requires that the notice sent by the landlord must: 1.  be sent certified mail to the tenant to tenant’s “last known address”; 2.  be sent within 30 days after the tenant vacates the premises; 3.  state the amount of the deposit being withheld by the landlord; 4.  state with specificity the reason […]