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

General Landlording & Rental Properties
3yFollow

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

Jessica Young
Member since 2023 · 21 posts · 2 votes

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?

0Reply
71 views

Most Popular Reply

Patricia Steiner
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
3y

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!

3Reply
See this reply in the discussion

11 Replies

Jump to latestLatest
  • Austin F.
    Investor · MI · Member since 2015 · 227 posts · 478 votes
    3y
    My state law reads something similar and my interpretation is that if they don't provide a forwarding address you don't have any obligation to provide them (chase them down and provide them, that is) an itemized list of deductions, or their deposit.

    If they request their deposit (now or in the future) you are still obligated to return it, but if you request a forwarding address that they refuse to provide how are you supposed to return their deposit?

    If they want the deposit sent by e-check say something like "Unfortunately due to state laws I have to send the deposit to a physical address". You may also be able to send it via email, depending on how your state laws read, and what your lease says.

    If you're still within your 30 day window stay the course, and on day 29 if they're still threatening legal action mail it off (exactly as state law requires) to their last known address which in my opinion is the last place you know they lived, your property (many tenants will leave a forwarding address with the post office, so it may end up where its supposed to). I certainly wouldn't mail it off to some random address though.
    2Reply
  • Charles Carillo
    Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes
    3y

    @Jessica Young

    These tenants are just going to cause you more trouble. How much of the deposit are you keeping for damages? How do they want you to return the deposit back?

    1Reply
  • Bill B.
    Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    3y

    I’d let them know ahead of time. “Because you refuse to give me a forwarding address I will be mailing your statement and remaining deposit to your last know address on DATE x/xx/23 (something like the 20th or the 25th day). Please inform the post office where you would like your mail sent.

    Then send it on the 20th or 25th day. That way it will either be delivered or you will have a sealed and postmarked envelope mailed within the 30 day deadline if it ever goes to court. 

    3Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    3y

    @Jessica Young 

    Couple of notations;

    If they do not give a forwarding address, you only need to send my certified mail to their lady known address.

    Secondly, you ONLY have 30 days from date of move out in which to send the certified mail making a claim on their deposit. If you miss that time window, you must, by law, send them back every penny 

    Tick tock, get that out there to their last known adddress right away

    [email protected]407-448-6679Podcast Guest on Show The Key to Scoring Discounted Deals in One of America’s Hottest Markets
    Compass | St. Pete514 Reviews
    WebsiteView Page
    1Reply
  • Jessica Young
    OP
    Member since 2023 · 21 posts · 2 votes
    3y
    Quote from @Kim Meredith Hampton:

    @Jessica Young 

    Couple of notations;

    If they do not give a forwarding address, you only need to send my certified mail to their lady known address.

    Secondly, you ONLY have 30 days from date of move out in which to send the certified mail making a claim on their deposit. If you miss that time window, you must, by law, send them back every penny 

    Tick tock, get that out there to their last known adddress right away


    Yes, no doubt. I still have 19 days before 30 days is up and the invoice for the work is coming today/tomorrow. I'm good on timing I think. 

    0Reply
  • Bob S.
    Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
    3y
    Quote from @Jessica Young:

    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?

     You are worrying about nothing, they failed to provide the forwarding address. Hold it and move on. When they contact you then deal with it. Also how much are you holding? If its only a few hundred why bother dealing with them ? 

    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y

    You say they didn't provide a forwarding address. They say they did. Who does the judge believe?

    Send it certified to their last known address (your rental unit). When it comes back, do NOT open it. This is your proof in court that you complied with the law. 

    1Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    3y

    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!

    3Reply
  • Allan C.
    Rental Property Investor · Member since 2018 · 828 posts · 811 votes
    3y

    @Jessica Young any reason why email communication won’t work? I have not had any direct communication with tenants for the past 10 years as everything is managed electronically.

    0Reply
  • Jessica Young
    OP
    Member since 2023 · 21 posts · 2 votes
    3y
    Quote from:

    @Jessica Young any reason why email communication won’t work? I have not had any direct communication with tenants for the past 10 years as everything is managed electronically.

    @Allan C. the law is that I am supposed to send them a certified letter notifying any funds withheld, plus they have given me no way to send them funds either electronically or by check. Whether I'm giving back their whole deposit or part, I still need to send the money somewhere. They're so weird. Anyway, I decided a solution. If they don't give me any other choice, I'm going to send a check to the last known address, which is the rental, via certified letter, since that's written in the law. I just don't want to be dragged to court out of state as it is very costly, and certainly not because THEY caused their own snafu in receiving their money. 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Jessica Young:

    It sounds like you are both playing games.

    Here's the statute:

    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) .

    You don't need a forwarding address. Make the deductions, then send them notice to the last known mailing address. Once you've met your obligation, cut off communication with them. They can't play games with you if you don't enter the arena.

    The DIY Landlord Book4.7243 Reviews
    WebsiteView Page
    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free