Does our former landlord have a right to impose a claim on our security deposit, plus damages, even though the window to impose such a claim has passed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does our former landlord have a right to impose a claim on our security deposit, plus damages, even though the window to impose such a claim has passed?
Our lease with our last residence terminated 6 weeks agoof this year; the day we vacated the property. The notice of intention to impose claim on security deposit was dated almost a month later and we received it a few days later. State law clearly states that if intentions to impose claim are not made within 15 days, the landlord forfeits right to impose a claim on the deposit. This seems pretty straightforward but the landlord was so sure of himself (and nasty about it). I wanted to make sure I wasn’t missing something.
Asked on November 17, 2011 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your state has a specific statute stating that a former landlord's right to make a claim upon a former tenant's security deposit within 15 days of move out and the claim was made many days later, then it appears that your former landlord no longer has a right under statute to make a claim for damages to the former rental as to your security deposit.
However, you need to be aware that the landlord can still bring a legal action in your case in small claims court for any claimed damages while you were tenants caused by you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.