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Updated almost 2 years ago on . Most recent reply

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Jessica Young
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Ex tenants from Florida condo refuse to give forwarding address, traveling overseas

Jessica Young
Posted

I have no way to give the notice to these tenants that I'm withholding a small portion of their deposit. They broke the lease early (happy clause), and the FL statute says under that condition "Failure to give such notice [providing a forwarding address] shall relieve the landlord of the notice requirement."

I plan to send the notice via certified email anyway, just to cover my bases. 

If I run out of time on my deposit-return requirement, and I send a check for the remainder of the deposit to the last known address, per FL statute, should I use the address at the condo which is technically the last known, or the one from the drivers license they provided upon application? Or...?

Meanwhile, they're freaking out about getting their deposit back and seeing an attorney Monday — supposedly. I'm interested to see what an attorney will say when there's nothing in writing from me yet and I'm still well within my 30 days notice period. 

I feel like they're playing games with not giving me a place to reach them legally. I can't be the first person to run into this. Thoughts?

Most Popular Reply

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,861
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2,465
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

You don't need a forwarding address; document that they refused/failed to provide one per your request and send any documentation/notices to the last known address with this notation across the face of the envelope:  "ADDRESS CORRECTION REQUESTED.'  Per the USPS:  " Address Service Requested provides forwarding and address correction services when possible. If the mail is undeliverable and not forwardable, it is returned to the sender with the reason identified on the mailpiece." (End).

Retain any returned mail as documentation of your efforts to comply with Tenant/Landlord Law and move on happily that the 'wandering ex-tenants' are gone.  Your legal obligation ends with sending the notice to the last known address.  

Don't worry. Be happy. The jerks are soon 'MIA' and that's all good!

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