Deposit Rights

If you’ve ever wondered about the status of a security deposit before or after you switch your residence or office space, you’re not alone. We asked the team at The Law Offices of Adorno-Cunill & Damas to help us sort out the whole mess and see exactly where your money stands.

The question comes up more than you could imagine: “Can a landlord keep my security deposit even though I returned the property in good condition?” This question is asked every day by tenants who feel they were unfairly penalized by their landlords. It’s important to remember that security deposits are not to be utilized by a landlord as an additional windfall in income, but rather to be used to cure damages suffered by the negligence of the tenant. Florida Law is very clear in regards to security deposits. Florida State Statute §83.49(3) requires that a landlord notify the tenant via certified mail that a claim is being imposed on the tenant’s deposit. If the landlord does not properly notify the tenant, the landlord is prohibited from making a claim on the deposit. If a claim is received by the tenant, the tenant should respond in an effort not to waive any defenses to their landlord’s claim. Notice is only part of the landlord’s duty when placing a claim on a deposit. There are many other issues that must be addressed prior to retaining a security deposit. If you or someone you know has been affected by a landlord/tenant issue, the best option is to contact a qualified attorney who is competent on the subject.

The team at The Law Office of Adorno-Cunill & Damas, PL, is always available for more information on this topic as well as several other areas of law. To schedule a free consultation, call 305.381.9999.

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