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# Sebastian said on November 9, 2006 4:24 PM:

I own a property down in Ft. Lauderdale. I have a security deposit and would like to use it for repairs for the house. Can I use it?

# 85 & Sunny Property Management said on November 10, 2006 8:22 AM:

First of all, I have to disclose that I am not an attorney.

I don't have all the information as of yet, but I'll try to answer assuming a few things; i.e., the tenancy has ended. If the tenancy has not ended, you cannot use the security deposit. The security deposit is the tenant's money that can be only used once he/she agreed to let you use it.

When the tenancy ends, the landlord generally does a walk-through of the house... During this walk-through, you may discover that there is some damage done to the house by the tenant. In such a case, you MUST first notify in writing the tenant within 30 days of lease termination that you intent to put a claim in his/her security deposit. The tenant will have then to respond in writing if he/she does not think that you have the right to that money. If the tenant doesn't respond, you can then use the money that you claim to repair whatever you thought it needed to be repaired. If the tenant responds, then you must both come to an agreement and should be signed by both in order to either disburse the funds to the tenant or to split the funds between the tenant and you, or any other result. Make sure you follow the process or you can get in big trouble. Hope this has helped you. Make sure that you seek the assistance of an attorney if it gets too complicated or you need farther information.

# Suzie said on November 20, 2006 7:24 PM:

Do you have a form to request the security deposit?

# Maria said on November 20, 2006 7:25 PM:

I have a tenant who doesn't want to pay because of some repairs he requested. I think the repairs are unnecessary and he should continue paying, what should I do?

# 85 & Sunny Property Management said on November 20, 2006 7:39 PM:

The form should read as below. And, remember that if you need anything more particular, you should seek the advise of an attorney. We are not such and we cannot help you with anything different from this. :)

NOTICE OF INTENTION OF IMPOSE CLAIM ON SECURITY DEPOSIT

To: ____________________________

Tenant’s Name

____________________________

Address

____________________________

City, State, Zip Code

Date: ____________________________

This is a notice of my intention to impose a claim for damages in the amount of $___________________ upon your security deposit due to ______________________ _______________________________________________________________________.

It is sent to you as required by 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 30 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to:

___________________________________

Landlord's Name

_____________________________

Address

_____________________________

# 85 & Sunny Property Management said on November 20, 2006 7:41 PM:

My sincere opinion is to seek the advice of an attorney. He/she will be able to help you with the proper process. I don't have much information on what he's done and what kind of repairs the house needs. There is both a process to follow for the tenant to withhold rent because of repairs (if he is not doing this, he may be jeopardizing his right to withhold rent), and a process to follow for the owner to get his/her rent money (including starting the eviction process). Make sure you talk to an attorney and explain to him/her all the different problems the house may have to have full representation in this event.

# Kristine said on December 14, 2006 11:21 PM:

I have a tenant who doesn't want to pay his last month's rent. He told me to use his security deposit. Should I do this?

# 85 & Sunny Property Management said on December 28, 2006 11:07 AM:

Hi Kristine,

It's a dilemma the one you are in. Security deposits are not to be used for rent money, though if this is the last month and they are not paying, then you have to make a decision between... is it worthy to start the eviction proceeding and spend money if they fight it, or to agree to take their security deposit as the last month's? There is no right answer... What kind of tenants are they? Do you think they will keep the house nicely and that you will not need to put a claim on the security deposit at the end of the lease? Our two cents is... if they have kept the house nicely, good taken care of, and they are keeping it the same until the end of the lease, you may be better off just taking the security deposit for the last month and when time to vacate comes, make sure that they have left it impeccable. You will need to get written permission from them to use the security deposit for the last month and also that they will keep the house in perfect condition and will be returned to you in the same or better condition than when they started to rent from you. To that, you also should add a couple of sentences of what will happen if they leave the place with repairs to be done... e.g., you may want to add a sentence similar to... "If premises are not left in same or better condition than when tenants took over on (date), tenants will be required to pay for the repairs within 15 days of move-out. If tenants do not pay for these repairs, owner has the right to notify the credit bureau and put a lien against them with the credit bureau and the court system." It's not an ideal situation, but your next choice is to start eviction proceedings as soon as the rent is late. You have to think that at that time, the security deposit, depending on your lease, may or may not be used for the rent. Evictions start with the 3-day notice to pay or vacate... Make sure you read your lease and consult an attorney if needed to. We are not attorneys, so please take this just as a suggestion of some of the things we do in our management. We have an attorney that helps us with anything we may have questions on. :)

# TrackBack said on August 9, 2007 7:40 PM:

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