How do you count a 30 day period – from the date sent or from the date of the signed delivery?

A state statute reads: “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 tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit”. Notice sent via certified mail.

Asked on October 24, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically, you must receive the letter within 30 days and the date starts to run the day after you move out. So if you receive the letter on day 31, you need to check your state statutes under the provision of landlord tenant or general provision on times. There should be definition that further explains timing and usually says something like days mean calendar days unless otherwise noted.  Further, the statute will say something like upon receipt unless otherwise noted. So it will mean when it was delivered to you via certified mail, not when you signed for it. If you signed for it a week later, the landlord would be in violation and that is against the public policy of making sure the landlord gives notice, so it is really upon delivery or attempted delivery if you are not home.


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