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Security Deposits

One of the biggest issues between the landlord and the tenant has always been the security deposits and how they should be dispersed. At Key Real Estate Advisors Inc., out goal is to make sure the tenant gets all of their security deposit back. If that is the case, then both the tenant and the owner are happy.

FLORIDA SECURITY DEPOSIT ( Florida Statute 83, Sec 83.49)

As in all cases, always take a last walk-through with the landlord before you vacate the rental dwelling! Note any damages in writing and reach a final agreement concerning any financial penalties which may occur or that may jeopardize the status of your security deposit return.

See our Guide on Normal Wear and Tear. 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 tenant is required to give the landlord a valid address at which the tenant can be contacted.

Before you move into a rented Home or Apartment, be sure to do a walk through with the owner or property manager. Why? Because when you move out, the landlord may attempt to charge you for “damages” to the unit. What defines damages is often contested and the tenant, unless they have a move-in-checklist and pictures, may lose out in court.

General rule of thumb – are you leaving the unit in the same condition as when you moved in? Again take pictures and have the landlord or property manager agree to the condition. Same when you leave.

A landlord can only withhold for damages only amounts that are deemed reasonable for the damage claimed. If a defect existed before you moved in, you should not be charged for that particular problem. The importance of pictures and a move-in checklist cannot be stressed enough.

WHEN YOU DECIDE TO MOVE You must give the required notice! Be sure to check your lease agreement and the Florida Statute 83 for the specific time period that is required for appropriate notification to terminate the Florida lease.  When the tenancy is from year to year, the tenant must give not less than 60 days’ notice prior to the end of any annual period.

At Key Real Estate Advisors Inc. we will come out and do a walk through with the tenants when they move in and  when they move out. Our goal is to protect both the tenant and the owner  and make it a smooth transition all the way around.