• How Can a Landlord Retain the Deposit?
  • April 18, 2013
  • Law Firm: Padly Associates P.A. - Naples Office
  • Whether you are the Landlord or the Tenant, it's important to know when the Landlord can retain the deposit at the end of the lease.

    In order to retain the deposit, the Landlord must give notice to the Tenant within 30 days of the Tenant vacating the premise that he/she intends to retain it. The Tenant then has 15 days to contest the claim on the deposit. If the landlord does not send a notice within the 30 days, then he/she waives the right to retain it. The notice must state the following: 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 does not intend to retain the deposit, he/she must return it within 15 days of the Tenant vacating the premise.

    If you have any questions regarding the landlord's right to retain the deposit at the end of the lease or need help as a tenant or landlord, please give us a call! We are here to help ! (239) 963-6043

    * This information is intended as general information and is not to be considered legal advice. It also does not create a client-attorney relationship and/or privilege. Each situation requires individualized attention; please call us so we can best assist you.