Tag Archives: security deposit

How to Create Proper Security Deposit Procedures

Landlords must properly and timely handle security deposits in Florida. Otherwise, the landlord could lose any security deposit the tenant deposits for the faithful performance of the lease and potentially be sued by the tenant for improper or untimely claims. To be successful in this area of rental business, the landlord must create proper and […]

Damages in Landlord-Tenant Cases

A major part of a property manager’s duty is to properly preserve and collect evidence regarding the property’s condition and any damages caused during a tenancy and to make a proper claim on the security deposit for those damages. This practice is vitally important because Florida Statute (FS) 83.49 requires the landlord to make correct […]

The Endless Late Fee Cycle: Enforceable or Not?

There is a common legal issue and problem that arises in the residential property management business. It involves situations when a tenant owes a late fee for a given month and pays the base rent for the following months but does not “catch up” with the late fee, which can result in a vicious cycle […]

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 […]