What to do if my tenant has not paid the remainder of their security deposit?

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What to do if my tenant has not paid the remainder of their security deposit?

I broke the security deposit up into 2 different payments both defined in the lease very clearly. I was courtesy enough to give them (not verbally or written) an extra few days for mail travel but I still have not received payment. Do I serve them with a 3 day notice to evict or is there another process I must go through first?

Asked on October 19, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease agreement concerning your rental, you need to carefully read it in that its terms and conditions control the obligations owed to you by your tenant and vice versa in the absence of conflicting state law.

If your tenant is obligated to pay you a certain sum for the security deposit and has not under the terms of any written or oral lease, then such failure is a material breach in my opinion of the lease.

You have the option to try and work with him or her regarding coming up with the balance in a set period of time (best to have a written and signed agreement regarding this) or serve the tenant with a three day notice to pay or quit and see what happens.

Good luck.


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