Florida Real Estate Broker ExaminationProperty Management and LeasingMedium
A residential tenant in Florida has given proper written notice to vacate their apartment at the end of their lease term. The landlord believes the tenant caused significant damage beyond normal wear and tear and intends to make a claim on the security deposit. According to Florida Statute 83.49, what is the deadline for the landlord to provide the tenant with written notice of their intent to impose a claim on the security deposit?
- A60 days after the tenant vacates.
- B15 days after the tenant vacates.
- C30 days after the tenant vacates.
- D7 days after the tenant vacates.
Show answer & explanationAnswer & explanation
Correct answer: C. 30 days after the tenant vacates.
Florida Statute 83.49 specifies that if a landlord intends to impose a claim on the security deposit, they must give the tenant written notice by certified mail within 30 days after the tenant vacates the premises. Failure to do so forfeits the landlord's right to claim the deposit.
Why the other options are wrong
- A. This timeframe is too long and would result in the forfeiture of the landlord's claim.
- B. This is not the correct timeframe under Florida law for security deposit claims.
- D. This is the timeframe for returning the deposit if no claim is made, not for notifying a claim.
Florida Security Deposit Law (FS 83.49)
Florida Statute 83.49 outlines the procedures landlords must follow regarding security deposits for residential tenancies.
- Landlord must return deposit within 15 days if no claim.
- Landlord must send written notice of claim within 30 days if making a claim.
- Tenant has 15 days to object to a claim after receiving notice.
Memory trick: Thirty days to claim, fifteen days to object, fifteen days to return.