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Landlords Must Provide a Certified Mail (Not E-Mail) Notice to You If They Want To Keep Any Portion of Your Security Deposit

Sun, 09 Feb 2025 20:21:46 GMT

Landlord's Cannot Only Email You A Letter Notifying You of Alleged Damages/Repairs After You Move Out

When you move out of a rental and have provided a forwarding address, the landlord must do the following if they want to keep any part of your security deposit:

(1) send a CERTIFIED MAIL (NOT E-MAIL) notice to you within 30 days of moving out. Many landlords fail to send by certified mail and instead sent a final account statement by e-mail. Other landlords send nothing at all and simply keep the deposits without any notice. If either of these things has happened to you, you should contact this firm to evaluate your legal rights.

(b) Even if a landlord sends a certified mail notice to you, that letter must contain certain disclosures that are required by Florida law. Many landlords who do send a notice letter by certified mail often fail to include the Florida law required disclosures in the letter, which prevents you from knowing about your rights to object to the landlord keeping your deposit. This firm can determine if proper disclosures were given to you.

Florida Law Requires Certain Security Deposit Disclosures to Appear in a Tenant's Lease

Sun, 09 Feb 2025 14:55:30 GMT

When renting a property in Florida, both landlords and tenants should be aware of their rights and responsibilities concerning security deposits. Under Florida law, specifically Florida Statute § 83.49, landlords are required to make specific disclosures in the lease agreement related to the handling of security deposits. These disclosures are designed to provide transparency and protect both parties in the rental agreement.

1. Disclosure of the Security Deposit’s Location

One of the key disclosures a landlord must provide is the location and manner in which the security deposit will be held. Florida law gives landlords three options for holding a tenant's security deposit:

Non-interest-bearing account: The security deposit may be held in a non-interest-bearing account in a Florida bank or financial institution.

Interest-bearing account: The security deposit can be placed in an interest-bearing account in a Florida bank or financial institution. If the account earns interest, the tenant is entitled to receive either 75% of the annualized average interest rate or 5% simple interest per year, depending on which is higher.

Surety bond: A landlord can choose to post a surety bond with the clerk of the circuit court in the county where the rental property is located, in lieu of placing the deposit in a bank account. The bond must be for the total amount of the security deposits and advance rent held or $50,000, whichever is less.

The landlord is required to notify the tenant in writing within 30 days of receiving the security deposit, specifying which method is being used.

2. Disclosure of the Bank or Institution Where the Deposit is Held

If the landlord opts to hold the security deposit in a bank account, Florida law requires that the name and address of the bank or institution holding the deposit be disclosed in the written lease or in a separate written notice. This must also be provided to the tenant within 30 days of receiving the deposit.

You Are Entitled To Interest Payments For Your Security Deposit Held By Your Landlord

Sun, 09 Feb 2025 14:53:24 GMT

1) CHECK YOUR LEASE. Go to the section regarding your security deposit (usually on the 1st or 2nd page). See if your security deposit is being held in an interest bearing account. If it is, Florida law requires your landlord to pay you interest money earned while your deposit was held in the landlord's account. If it does not say where or how your deposit is being held, please contact the firm.

NEXT: Check the letter sent to you by the landlord after your moved out. Did the landlord pay or credit you for interest earned on your security deposit? If NO, please contact this firm to get money you are owed.

Even if you received your security deposit back in full, you are still entitled to an interest payment. If you did not receive interest payment, please contact me.