I have a month to month tenant, (1 year lease expired in Feb 2009). She gave me notice 3 days before September rent was due that she was moving. She told me to use the security deposit as last months rent and did not pay me for September.
I found out that I have failed to abide by the provisions of Fla.Stat. 83.49 waived my rights to make any claim on the security deposit.
Even so, would I be able to take her to small claims court for the rent money. She did not give me a months notice. If so what are my rights.
You can probably recover the months rent. However, you will also probably have to return the deposit. You could be liable for the tenant’s attorney’s fees and costs as well. You might be able to recover your attorney’s fees and costs if you prevail. However, attorney’s fees are not awarded unless you are represented by an attorney. The costs can be awarded to the prevailing party.
Philip Duvalsaint
Philip A. Duvalsaint, P.A.
6574 North State Road 7, # 131
Coconut Creek, FL 33073
Not every requirement of FS 83.49 has the waiver you mention. Not all judges enforce the deposit into a tenant account requirement.
David Slater
David P. Slater, Esq.
5154 Windsor Parke Dr.
Boca Raton, FL 33496