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Updated about 13 years ago,
What do I do now with the security deposit?
I had three roommates living together. One of them broke the lease and moved out a couple of months ago. He gave 12 days notice that he was moving out, with a voicemail. The lease states that he needed to give 60 days notice by certified mail, or forfeit the deposit.
A new roommate is moving in with the original two roommates. I was thinking of starting a new lease with these three people, and keeping the portion of the deposit that the old roommate contributed, since he broke the lease, and issuing the deposit back to the current three roommates when they move out, and telling him he must work it out with them if he wants any of his money back (he’s been calling me asking me about the security deposit).
However, I noticed in the Florida security deposit statute that I was supposed to send written notice to the tenant (see below). Am I stuck giving him back his portion of the deposit now because I didn’t send this notice? Does this rule apply when a roommate breaks the lease and moves out but the other roommates are still living there? The law doesn’t seem to address this issue. Thanks.
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3)(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 Tenants last known mailing address of his intention to impose a claim on the deposit, and the reason for imposing the claim. The notice shall contain a statement in substantially the 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 Statues. 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 (LANDLORDs address). If the LANDLORD fails to give the required notice within the 30 day period, he forfeits his right to impose a claim upon the security deposit.
(b) Unless the Tenant objects to the imposition of the LANDLORDs claim or the amount thereof within 15 days after receipt of the LANDLORDs notice of intention to impose a claim, the LANDLORD may then deduct the amount of his 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.