Dear FL Tenant: I Intend To Impose A Claim On Your Security Depos

[John Thedford]

First: security deposits do NOT belong to the landlord. They are exactly as stated: security deposit.
They MUST be housed in a FL financial institution per FL statute. They cannot be co-mingled.
Now, your tenant left "damage". What do you do?
First, print out chapter 83 FL statues FL Landlord-Tenant law. This is your guidebook to keep things legal and on an even playing field for both landlord and tenant.
Second: on move out, do a thorough inspection.
There is a difference between normal wear and tear and damage. Normal wear and tear may NOT be deducted from the deposit.
Once you have established any damage claims, prepare your notice. It MUST be sent within 30 days of move out. If you go past that time frame, you MUST give it all back. This does not stop you from bringing an action later, but is the long route to settling issues.

Does your lease require tenants to replace light bulbs, batteries, etc? If not, maybe you should disregard those and deal with bigger issues
How about holes in the wall for pictures? Does your lease address these?
Cleaning charges mandatory or not? Mandatory makes it easier to claim against the deposit.

Once received by the tenant, they have 15 days to object. If they fail to object timely, take the portion that you can legally deduct and mail the difference back certified mail. Certified mail always help protect YOU.

What IF they object? You CANNOT automatically take THEIR money. You must have a hearing in court to determine who gets what. It IS their money. The courts can give you part or all of it with good documentation and GOOD REASONABLE claims. Never go in to court with ridiculous claims. That makes you look bad and may sway the judge to be more lenient on the former tenant. 

Here is the REQUIRED language in a security deposit claim:
Security Deposit Notice

To: Former tenant

This is a notice of my intention to impose a claim for damages in the amount of $xxx upon your security deposit, due to damages including the following:
1.broken blind in bedroom $200
2. Broken door knob on master bedroom door $30
3. Broken toilet seat had to be replaced 48.74
4. Broken busted out screens on lanai $225.00
This resulted in total charges of $xxx against your security deposit. 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 Mr Wonderful Landlord, 111 Gold Paved Avenue,  Naples, FL

[Matthew Olszak]

@Brooklyn A. So you are saying that every judge, landlord, tenant, and attorney of each has been getting it wrong all of this time, but you understand the correct way to interpret the law and will educate us?

We come here to discuss our experiences as professionals. You on the other hand have done nothing but belch out legal interpretations and techniques equivalent to those found in "How to Beat a Speeding Ticket" ebooks. Come back when you have some hard experience and not just that you 'won' a case because a landlord decided it would be cheaper to pay you to go away then defend his/her position.