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If there is a buy out clause, does Fl Statute 83.49 apply?

Customer Question
If there is a...

If there is a buy out clause, does Fl Statute 83.49 apply?

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I, the landlord, do the maintenance and upkeep

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The tenant broke the lease, claiming in a letter several days later hat her allergies made living there intolerable. But she lived with two dogs and kept the windows and doors wide open. The apt is around lots of trees and grass so she was exposed by those actions of hers. I have a filter in the apt that is said to be the best one can buy for allergies but she never cleaned it.(That was obvious by both the condition of the filter when she left and the fact that she didn't know how to get the filter down from its location, even though I had showed her earlier). She and I had talked about that in November and I had explained that the filter system had been told to me by people in construction was the best and most effective way to keep the apt free of allergens. But she wanted me to take steps that could have damaged the duct system and which could have made the situation worse. When she moved out, she did not say that she moved out because of her allergies. She did not say that until I got the letter from her attorney several days later. There is a buy out clause in the lease whereby if she breaks the lease she forfeits her security deposit and any prepaid rents. Now she claims she is entitled to that money back due to Fl Statute 83.49 which says that a landlord has to send a certified letter staking a claim to the security deposit and the prepaid rents. But doesn't the buy out clause negate the requirement to send that letter?

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 27 minutes by:
3/12/2018
Lawyer: Lori, FL attorney replied 4 months ago
Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,105
Experience: Real Estate attorney with over 25 years experience
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Hello. Let me see if I can assist you. I am a FL attorney with over 25 years experience. Has it been more than 30 days since the tenant broke the lease? If not, I recommend that you send the notice under Sec. 83.49, Florida Statutes to be on the save side. You should also be able to obtain all the unpaid rent for the balance of the lease as well - as your damages.

The statute controls as to the security deposit. It does not control as to breach of the lease. Here's the operative language from the statute:

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. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

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