Can a landlord make "open" claims against the security deposit without a final amount?

Ilana Krauss
Agent
Miami, FL

Landlord sent letter within 15 days, claiming everything from light bulbs to equipment that were removed by his hired handymen - he is an absentee owner and did not have a property manager - he hired the people to work on the property via his agent - he never showed up in the property during the 4 years tenency even after 2 major hurricanes - now he wants tenant to pay even for the broken glass of a front door hanging light that was exposed to Wilma and Katrina... In his claim he does not give a final number and says he is still waiting for prices... - does he have the right to do that or he loses the right to all claims?

Answers (2)
Ilana Krauss
Agent
Miami, FL

Thank you Evelina, The law is clear - the Landlord has 15 days to return the deposit or file a claim, then tenant has 15 days to contest, but that does not answer my question.

My question is: If landlord sends a letter within 15 days claiming this and that (99% regular wear and tear), put prices for light bulbs and some other things, but keeps the amount open for "he does not know the prices yet" - so could be $300 or $ 3,000 .... Is that legal? if after 15 days he does not have a claim to a specific amount, does't he lose the right to claim at all?

Tue Jul 21 2009, 22:23
Evelina & Valer...
Agent
33160
FIRST ANSWER

Section 83.49, 3(b)(c), F. S.
Unless you object to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit.

Tue Jul 21 2009, 20:11

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