We have all heard the expression “last known address”, but much confusion abounds regarding its actual definition or how it should be defined in the landlord/tenant law context.

When does the “last known address” become relevant?

According to Florida Law, the landlord must send out the Notice of Intention to Impose Claim on the Security Deposit or refund any money that is due to the tenant within a 30 day time frame or 15 day time frame respectively. This is to be sent to the “last known mailing address”.

Florida Statutes Section 83.49 provides as follows:
…(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his intention to impose a claim on the deposit and the reason for imposing the claim.

The “last known mailing address”

FS 83.49(3)(a) clarifies the issue stating that it is the “last known mailing address”. The usual last known mailing address will be the address of the premises or the address that you have been sending correspondence to the tenant while the tenant was living on the premises or any other address that the tenant has given you to send correspondence to the tenant by mail.

1. The property where the tenant resided : If the tenant has not given you any other address to which to send mail, this will be the “last known mailing address”. Of course, the tenant no longer resides at the property, but this is where you should send your Notice. The tenant may or may not have put in a forwarding address, but this is not your problem. The law requires you to send out the notice. It does not require you to make sure the tenant actually receives the notice.

2. The address where you have been sending correspondence : The tenant may have given you a mailing address at the beginning or during the tenancy, requesting that you send all mail to that address. Commonly, tenants and landlords alike do not like to use the exposed street side mailboxes due to the high incidence of theft from these mail boxes, resulting in the use of a post office box at the actual post office or at a mailbox/shipping store. If this is the only address you have, this is the “last known mailing address”.

3. The address the tenant gives you when vacating: Often a vacating tenant will give you his or her new address. This may be done by phone or in writing. If the tenant has requested that you send any correspondence to this new address, do as you are instructed. If it was a verbal instruction, denote the date and time of the request in your file, and urge the tenant to give you this instruction in writing.

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