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George Savage’s Answers

2 total

  • Landlord tenant attoney my

    my tenant vacate my aparment in the 6 off may she didnt give me keus bepper to entance proprty either an adree i send her a certified letter on 17 off may to my adrress only one i had also a regular letter she calls me today when i already fix all...

    George’s Answer

    You have 30 days to make a claim on the security deposit once the tenant vacates the property. If she left May 6th, then you have until June 6th to make a claim on the security deposit. You must follow the wording to make the claim as set forth in Florida Statutes §83.49 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)

    If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

    (b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.

    So, use the form above to make the claim and send by certified mail to last known address. There is an issue whether the tenant delivered possession of the property to you if the tenant did not deliver keys to gain access. You should make a claim for all costs related to the damages you suffered, as well as any rents that are unpaid or future rents if the tenant vacated before the end of the lease.

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  • Can I get eviction for living out my deposit?

    After a month living in my apartment I ask my landlord for my deposit back so I could move because the place was infested with rats and roaches and I have small kids, he told me the owner do not give back deposit I had to live it out. ok my husban...

    George’s Answer

    Assuming the written lease specifies that the Landlord is responsible for the pest control, then you are entitled to set-off from rent the payment for these services if the Landlord agrees. As to the water intrusion into the property, this should be the responsibility of the Landlord. Even though you have repaired some of the damage pursuant to the agreement with the Landlord and have set-off this payment from rent, it is still the Landlord's responsibility. It appears there may be a question of whether you can continue to reside in the property due to the mold damage and issues with the ceiling. Clearly these were the result of water intrusion. Under Florida law (Fla. Stat. §83.56), you should immediately serve the Landlord written notice that the Landlord must correct or repair the problems (i.e. ceiling, water intrusion, mold damage, rats, etc.) within 7 days after delivery of the notice and that it is your intention to terminate the rental agreement as these problems are preventing you from residing in the property (i.e. the property is untenantable). You should also call your local housing authority to inspect the property. Ultimately, you have to decide if it is worth remaining in the property due to its current condition. It sounds like you should leave, so if you serve the 7 day notice and the Landlord does not make the repairs and the Landlord has not made reasonable efforts to repair, you are allowed to leave and terminate the agreement. I would suggest that if you send the 7 Day notice and if the Landlord does not correct the problems, that you leave the property, send a letter confirming you have left because the Landlord received the 7 Day written notice and did not correct the problems and that you could no longer reside in the property due to the condition.

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