"Notice of Intention to Impose Claim on Security Deposit" - Florida

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NOTICE OF INTENTION TO IMPOSE CLAIM
ON SECURITY DEPOSIT
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA
STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
(3) The landlord or the landlord’s agent may disburse advance rents from the deposit account to
the landlord’s benefit when the advance rental period commences and without notice to the tenant.
For all other deposits:
(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 and may not seek a setoff against the deposit but may
file an action for damages after return of the 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. The failure of
the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a
separate action.
INSTRUCTIONS FOR LTR TO IMPOSE CLAIM AGAINST SECURITY R081804
NOTICE OF INTENTION TO IMPOSE CLAIM
ON SECURITY DEPOSIT
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA
STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
(3) The landlord or the landlord’s agent may disburse advance rents from the deposit account to
the landlord’s benefit when the advance rental period commences and without notice to the tenant.
For all other deposits:
(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 and may not seek a setoff against the deposit but may
file an action for damages after return of the 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. The failure of
the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a
separate action.
INSTRUCTIONS FOR LTR TO IMPOSE CLAIM AGAINST SECURITY R081804
(Tenant’s Name and Address)
Dear
,
(Tenant’s Name)
This is a notice of my intention to impose a claim for damages in the amount of
$
upon your security deposit due
(Insert amount of damages)
to
(Insert damage done to premises or other reason for claiming security deposit)
It is sent to you as required by 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
(Insert Landlord’s address)
Landlord’s
Name
Address
Phone Number
This form was completed with the assistance of:
Name:
Address:
Phone Number:
LTR TO TENANT TO IMPOSE CLAIM AGAINST SECURITY R081804
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