One of the most common areas of confusion regarding security deposits is knowing what to put on the Notice of Intention to Impose Claim on Security Deposit, hereinafter called the “Notice”, the form which according to FS 83.49 must be sent out to the tenant within 30 days of the tenant vacating the premises. We find landlords do their best to figure out what the tenant owes, either due to breaking the lease, or simply leaving at the end of the lease with damages to the premise or otherwise owing the landlord money. The problem is that this form only is dealing with the security deposit, or in some cases, advance rent that the landlord is holding. This is not a “final bill” to the tenant or the total amount a tenant will possibly eventually owe. This common misconception causes landlords to frequently fill out the Notice incorrectly.

What amounts are put on the “Notice”

A security deposit is the amount the tenant owes to cover damages to the premises, all monies owed to the landlord under the terms of the lease and for full and faithful performance of the lease terms.

1. The tenant breaks the lease by vacating

If the tenant simply “skips” out of the lease, the landlord can charge the tenant rent that is owed at the time the tenant skips out. The landlord cannot accelerate the rent. Acceleration occurs when the tenant is immediately charged for all the remaining rent owed under the terms of the lease. While the lease may provide for this, and it seems logical, acceleration is not a specific collection right granted to landlords under Florida default remedies. A “skipping” tenant owes rent due at the time of the skip, damages to the premises which exceed ordinary wear and tear, and any other amount legally chargeable to the tenant under the lease terms. If a tenant paid rent for June and skipped out June 20, it would seem that the tenant would owe no rent, and that no rent could be placed upon the Notice. This is certainly not the intent of the statute, and since the landlord has 30 days to send out the Notice, by July 1, the tenant will owe another month’s rent which can and should be put on the Notice. You do not want to be returning the full security deposit if the tenant skips out on the lease, as he will owe you rent. As you can see though, if the unit stays vacant, the tenant will owe you more rent, presumably until the earlier of the end of the lease or until the unit is re-rented. How can you put this on the Notice? You can’t, and you don’t need to. The notice is only dealing with the SECURITY DEPOSIT and ADVANCE RENT funds!!!!

2. The tenant is evicted

If your tenant is evicted, you will be charging them everything in paragraph 1 above, plus your attorney’s fees and court costs, if your lease states that you are entitled to these sums

3. The tenant vacates at the end of the lease

If your tenant vacates as planned at the end of the lease owing no rent, you will not be charging the tenant any rent on the notice, just damages that exceed ordinary wear and tear, and any other sums due under the terms of the lease.

Sums owed that exceed the Security Deposits

Often a tenant will owe significant sums that exceed the security deposit, or after you send the Notice, you discover at a later time some further damage that was not caught or actually hidden from the landlord. If you already claimed the entire deposit, this is not relevant to the prior Notice. While you do want to list on the Notice everything possible that is owed by the tenant within the 30 days window you have to send the Notice, if there are other amounts that the tenant owes you as time goes on, these amounts will still be owed to you by the tenant.

The Danger of the “Notice”

As many landlords incorrectly think that the amount on the Notice is the end all total amount owed, the tenant also may think this. If a landlord were to later sue a tenant for accrued rent or later discovered damage, the tenant could conceivably convince a judge that since it was not on the Notice, it is not owed. This common misconception can be cleared up by placing the following wording on the bottom of the Notice. This wording, though not required by Florida law, is a reminder to the tenant and to the landlord that the amounts you have listed on the Notice may not be the actual total amount that the tenant will owe you.

This Notice Of Intention to Impose Claim on Security Deposit does not waive or limit any of landlord's rights to damages or amounts due which may exceed security deposit or amounts listed on this form.

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