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hello i have a house in miami florida that i was renting out.

Customer Question
But recently i had to...
hello i have a house in miami florida that i was renting out. But recently i had to evict my tenan due to non paying rents after he moved out i did not serve him in 15 days with dameges and all expenses and now he is telling me cause i didn't gt to him in 15 days i forfit my rights to keep the security deposit and now he is telling me he wants his security deposit. I though i had to get with him in 30 day from the date he move out because i have all the dameges and stuff? is it 15 days or 30 days? after tenant moves out would you pls tell me ? t
Submitted: 8 years ago.Category: Legal
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Answered in 7 minutes by:
6/22/2010
Lawyer: SavyLawyer, Attorney replied 8 years ago
SavyLawyer
SavyLawyer, Attorney
Category: Legal
Satisfied Customers: 4,300
Experience: Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
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Hello, and thank you for contacting the just answer team.

You are correct, you have 30 days from the date of the tenant vacating the premises to provide by certified mail written damages to the tenant. The relevant statute reads as follows:

"(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or 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) . "

Notice that while you only have 15 days to return the deposit if you are returning the whole amount with no damages, if you are claiming damages, you have 30 days. Since you are claiming damages, you have 30 days to provide the former tenant with written notice of the damages.

I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.


Take care

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Customer reply replied 8 years ago
what if damages more than the security deposit what should i do? and also he owes me 6 weeks of rent how can i get that money? and we had 1 year contract by him not paying the rent i had to evict him can i go after him for the rest of the contract months that he sign?
Lawyer: SavyLawyer, Attorney replied 8 years ago
If the damages are more than the deposit, then you can keep the deposit and then file suit against him, preferrably in small claims, for the balance on the damages and unpaid rent. Keep in mind, however, that to sue for unpaid rent, you are going to have to show that court that you have made reasonable efforts to rent the unit to someone else now that the tenant is out, or the court will not award back rent. The Florida Court System has published information about the small claims court system on their website HERE.

I hope this helps further, and let me know if you have any other questions. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

Take care
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Customer reply replied 8 years ago
I sent my former tenant impose a claim form for all the dameges and the costs how long he has for to get back to me?
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