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RobertJDFL
RobertJDFL, Lawyer
Category: Real Estate Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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We are new landlords and had a tenant last 4 years. She and

Customer Question

Hello, we are new landlords and had a tenant for the last 4 years. She and her partner vacated the property before the end of the lease but it was agreed upon in text message or fb message. She wasn't present at walkthrough and we found several things that needed repairing and had to pay extra to have ink removed from carpets. We opted to deduct from her deposit but did not send a letter of intent within the 30 days, however we didn't have a forwarding address until 2 weeks later so technically we are within 30 days of receiving the forwarding address. Will FL Statute 83.49(5) protect us in legally retaining deposit funds?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I look forward to assisting you.

It does, because text messages and Facebook messages do not meet the requirement of notice via certified mail or personal (hand) delivery. So you should still send notice to the former tenant now regarding the security deposit showing deductions and refund any unused portion of the deposit (if any).

For future reference, to avoid issues like this, where a tenant doesn't provide a forwarding address, send the notice to the tenant's last known address (the home they just vacated). The post office can then forward it to the tenant.

If you need clarification or additional information, please reply, and I'll be happy to assist you further. Otherwise, please remember to leave me a positive rating for my service (3-5 stars/happy faces) as that is the only way experts on this site are credited for our time and expertise, even if you previously left a deposit. Thank you.

Expert:  RobertJDFL replied 8 months ago.

If you need clarification or additional information, please reply, and I'll be happy to assist you. Otherwise, kindly remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for our time and expertise, even if you have previously left a deposit. Thank you.

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