Security Deposits

Florida law is very specific on when and how a landlord may withhold some or all of a tenant’s security deposit to cover property damages going beyond ordinary wear and tear; it even requires a landlord who collects a security deposit to furnish the tenant with a copy of that law.

The law also sets procedures and deadlines for the landlord to notify a departing tenant of a claim against the security deposit, or to return the security deposit. It also sets notice requirements for tenants who wish to terminate a lease, as well as deadlines for a tenant to object to a landlord’s attempt to withhold some or all of the security deposit.

Even so, disputes may arise. When they do, they may include complications such as factual disputes over the condition of the premises, or local laws that may impose different or additional requirements. A landlord who fails to meet the deadlines for giving notice of a claim against a tenant’s security deposit will forfeit the right to maintain that claim. If the dispute goes to court, the prevailing party will receive, in addition to any funds due from the security deposit, their court costs and reasonable legal fees.

If you are a tenant or landlord with a disputed security deposit claim, you should without delay consult an experienced central Florida lawyer at the King Firm PA for assistance and advice.

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