Landlord’s obligation to send 30 day claim on security obviated by tenant’s failure to provide forwarding address.
Tenant vacated the premises prior to the expiration of the lease term . Tenant did not provide landlord with a forwarding address as required by both the lease and §83.49(5). Landlord did not send tenant a claim on the security deposit by certified mail within 30 days as required where tenant leaves at the end of the lease term in good standing un 83.49 F.S.
A company that routinely sues landlords who fail to mail the statutory claim on security deposit, KAC 2021-1, LLC (“KAC”), acquired Tenant’s rights to the security deposit and sued the landlord for automatic forfeiture of the security deposit based on failure to issue a 30-day claim notice.
Section 83.49(5), Florida Statutes provides that the landlord’s obligation to send a 30 day claim notice is obviated when the tenant vacates or abandons the premises before the expiration of the term specified in the rental agreement, or any tenant who vacates or abandons premises which are the subject of an oral tenancy must give at least 7 days’ written notice by certified mail or personal delivery to the landlord before vacating or abandoning the premises which notice must include the address where the tenant may be reached. Failure to give such notice relieves the landlord of the notice requirement of paragraph (3)(a) but does not waive any right the tenant may have to the security deposit or any part of it.
As Plaintiff elected to pursue a theory of automatic forfeiture under section 83.49(3)(a), Florida Statutes, rather than contest the legitimacy of Sunshine’s retention of the deposit on the merits the court dismissed their complaint,
Author’s note: These companies acquiring the tenants rights in order to sue landlords for security deposits are popping up all over Florida. Landlords are advised to add a term to their lease that “tenants right’s under this lease, including the security deposit, are not assignable.”
KAC 2021-1, LLC v. SUNSHINE PROPERTIES, LLC 33 Fla. L. Weekly Supp. 513a, County Court of Polk County