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?

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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 9 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.


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