What does your lease say to do? Make sure all of this is in working order - Florida Statutes, Section 83.51, require a landlord to comply with the local Property Maintenance Code. This means:
1. The roof must not leak.
2. The walls must be weather-tight, and in good repair.
3. The stairs must be safe for normal use and maintained in good repair.
4. Windows and doors must be basically weather-tight, water-tight, rodent-proof,
and kept in sound working condition. Outside doors have to have proper
locks.
5. Window panes cannot have cracks and holes. Outside windows must have
screens.
6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair, and should be safe.
7. The house or apartment must have hot water, which is connected to the kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flush toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order.
10. There must be adequate garbage disposal facilities or garbage storage containers.
11. Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall
switch near the entrance to the room.
12. All electrical systems must be in good repair and good working order.
If all of this is good, then move on to the breaking of the lease - If a specific time period is not included in your lease agreement, then time frames of 7 days for weekly, 15 days for monthly, 30 days for quarterly, and 60 days for a yearly lease prevails.
When your tenant moves out, you must either return the security deposit (plus interest, if applicable) within 15 days of termination of the lease, or justify in writing, within a 30 day period, why you are keeping a portion or all of the money. The justification must be sent by certified mail to the last known mail address of the tenant.
Your notice should include:
This is a notice of my intention to impose a claim for damages in the amount of $_____upon your security deposit, due to (reason). It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .
If the notice is not sent as required within the 30 day period, you forfeit the right to impose a claim on the security deposit unless the tenant failed to give proper notice prior to vacating.
Now, here is where you need to review what your financial remedies are:
83.595Choice of remedies upon breach or early termination by tenant.
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