Renters’ Rights

The Law Protects the Renters’ Rights to Their Deposit

Why it so important to know your renters’ rights? In the current real estate market that South Florida is experiencing, more and more people are being forced to rent properties.  High demand and limited supply has put landlords in a position of power. Landlords can now make demands they may not have been able to make in previous years when most were looking to purchase property. Larger security deposits are one of those demands. In this economy, prospective tenants often come with a high risk of default.  Low credit scores as a result of foreclosures, repossessions and unpaid bills, so quite frankly, it’s the prudent thing to do as a landlord.

All too often I hear from renters that they basically consider their security deposit lost as a “cost of doing business.” Renters feel the landlord or leasing company “never returns it anyway.”  The Florida statutes governing residential landlords and tenants have been drafted and implemented in a way to protect renters’ rights from the unscrupulous practices of powerful landlords. Conversely, if followed precisely, they can also be a very powerful tool for landlords as well. They key is follow the law precisely. Landlords especially need to be wary of these pitfalls that can become a thorn in their side when a dissatisfied tenant becomes armed with a knowledgeable attorney.

When a residential tenant leaves a property, a landlord has thirty days to notify that tenant in writing via certified mail that a claim is being made on their deposit. Furthermore, the letter must itemize the damages being claimed.  Failure to follow this procedure results in a forfeiture of the deposit by the landlord. It should also be noted that even if this procedure is followed, a tenant has fifteen days to dispute the itemized damages. This clearly protects a renters’ rights to their deposit.

If you’re a landlord facing a lawsuit from a previous tenant, or if your landlord has failed to comply with the Florida Statutes governing land-lord tenant law, you both may be entitled to file suit and even recover attorney’s fees if you’re the prevailing party. If you are facing a lawsuit or thinking about filing one of your own, contact the Reyes Law Group and we will make a free assessment of your claim. Know your renters’ rights!
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The RLG Legal Team also include attorneys Carlos J. Reyes – Principal,  Melissa J. Ulloa and the RLG Legal  Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993  Se Habla Español.

Visit our firm website and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324


The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.

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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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