July 3, 2017 – A tenant's security deposit is sacred in the eyes of the law. Specific timing issues are laid out in Florida Statutes, which must be followed to avoid the landlord having to refund the entire security deposit to the tenant, even if the tenant owes the landlord money.

Many landlords fail to take the law seriously and are surprised when a tenant leaves owing a substantial amount of money to the landlord, only to demand the full security deposit back from the landlord because the landlord failed to send the notice out in time or get the tenant the balance of the deposit, if any, back in time.

When does the notice have to be sent to the tenant?
The required timing of the Notice of Intention to Impose Claim on Security Deposit, hereinafter "Notice," depends on whether you are making a claim against the deposit or whether you are returning the full deposit to the tenant.

Timing of Notice when making a claim
If making a claim against the deposit, the Notice must be sent out within 30 days from the date that the tenant vacates the unit and not one day later. Failure to send out this Notice within the 30 days will result in the landlord having to refund the full amount of the security deposit to the tenant, regardless of amount owed to the landlord. There is no excuse for failing to send the Notice out within the 30 day timeframe. A number of years ago, the timeframe was 15 days. Now it is 30 days.

Timing of Notice when returning the full security deposit
If you are returning the full security deposit, you do not have to send out the Notice at all! Simply get the money in the mail within 15 days of the date that the tenant vacated the premises. Many apartment communities fail to send the money to the tenant within 15 days due to accounting issues and the time delays in requisitioning the money and getting a check from the corporate office. Unfortunately, the judge does not care how your system works. The money must be sent out within 15 days period.

Returning a portion of the deposit
If you sent the Notice out and you are returning a portion of the deposit, you must return this portion of the deposit within 30 days from the date you sent out the Notice.

Harry Heist is a partner in the law offices of Heist, Weisse & Wolk, P.A., which concentrates on property management-related legal issues.

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