Deposit return
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Deposit return (by J [FL]) Aug 2, 2018 3:34 AM
       Deposit return (by AllyM [NJ]) Aug 2, 2018 7:38 AM
       Deposit return (by J [FL]) Aug 2, 2018 7:59 AM
       Deposit return (by Vee [OH]) Aug 2, 2018 8:07 AM
       Deposit return (by Deanna [TX]) Aug 2, 2018 12:19 PM


Deposit return (by J [FL]) Posted on: Aug 2, 2018 3:34 AM
Message:

State Specific Question About: FLORIDA (FL)

I mailed the letter (certified) stating what deductions I was going to take out of the deposit to the tenants at their new address. It was mailed on July 16.

They weren't home when delivery was attempted and now it's sitting at a post office. They haven't gone there to claim it. I then mailed it again regular mail just to make sure they opened it.

Florida law says the tenant has 15 days to object after they RECEIVE the letter, and at that point I can mail the check.

But since they technically never "received" anything, how do I count the 15 days?

Thanks.

--72.188.xxx.xxx




Deposit return (by AllyM [NJ]) Posted on: Aug 2, 2018 7:38 AM
Message:

You have your receipt that you mailed it and it is on them that they did not claim their notice. My lease says that a tenant must "claim their notices". In reality, I would wait until after the letter was delivered to their home. You can be pretty sure a judge would honor the date on the certified letter and to prevent going before a judge, wait the fifteen days from their receipt of the regular mail letter, OK? --73.178.xxx.xx




Deposit return (by J [FL]) Posted on: Aug 2, 2018 7:59 AM
Message:

OK thanks. I don't know what day they received the regular mail mailing so I'll use the day I sent it to them to start the 15 days.

--72.188.xxx.xxx




Deposit return (by Vee [OH]) Posted on: Aug 2, 2018 8:07 AM
Message:

Here we send USPS green card, if the letter comes back unsigned it means refused. Hold it 7 years - done. --76.188.xxx.xx




Deposit return (by Deanna [TX]) Posted on: Aug 2, 2018 12:19 PM
Message:

In TX, there's a common bit of boilerplate that basically says, "Anything that's sent certified mail, postage prepaid, return receipt requested, and addressed to the recipient's address, is deemed to have been delivered as soon as it's given to the USPS, whether it's actually received or not." Stuff that's sent in other ways-- regular mail/courier/fax/personal delivery/etc-- is effective when received.

So if I send something with a green card, the tenant doesn't actually have to sign for it--- they can even go out of their way not to sign for it, but it's still considered to have been delivered, and I did my part. If they don't sign for it, period, then (usually) it comes back to me.

You might check and see if that sort of concept exists in FL, and then update your leases in the future to reflect it. --96.46.xxx.xx





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