How best to handle a notice of intention to claim part of security deposit if the tenant has filed an objection?

Get Legal Help Today

 Secured with SHA-256 Encryption

How best to handle a notice of intention to claim part of security deposit if the tenant has filed an objection?

I sent the notice to claim on a security deposit for damages 2 weeks after my tenant vacated. The tenant replied within the 15 days saying that they disagree and will see me in court. FL law explains that both parties should try to work a deal before going to court, and if any of the parties files a lawsuit the prevailing part receives attorney fees. There is no deal between parties. What action should I, as landlord, take now? Just wait to receive a court notice, or should I send the remaining monies after deducting damages to the tenant as it states on my notice?

Asked on April 30, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that it would be in your best interest to show the court that you are trying to be reasonable about the entire thing.  I would send the remaining security deposit and a letter indicating that although you believe that you are justified in the deductions, you would be open to discussing  compromise rather than going to court.  If they decline at least you go to the table with clean hands and abiding by the law by attempting to resolve the matter before you are taken to court.  It is always better to negotiate these things yourselves because you really never know how a judge is going to rule on the matter.  Good luck to 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption