Florida Subordination and Deferral of the Guarantors Claims Against the Tenant

State:
Multi-State
Control #:
US-OL4A024BE
Format:
Word; 
PDF
Instant download

Description

This office lease guaranty states that until all obligations of the tenant are fully performed and the lease has expired or terminated, all claims that the guarantor may have against the tenant are subordinated to the landlord's claims against the tenant.

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FAQ

A new amendment to Florida Statutes, which takes effect July 1, 2023, has been signed into law by the State of Florida. Chapter 83.491 provides the right for landlords to offer tenants the option to pay a fee instead of a security deposit. However, there is no obligation for landlords to offer this option to tenants.

If the tenant receives a notice of the landlord's claim against the security deposit, the tenant has 15 days to object to the claim. The tenant may object to the reason for the claim and/or the amount of the claim. The tenant's objection should be in writing and should be sent to the landlord by certified mail.

Cleaning costs can only be deducted from the security deposit if the necessary cleaning is excessive and the condition the apartment has been left in is worse than can be reasonably attributed to normal wear and tear. The overwhelming majority of the time, cleaning costs cannot be deducted from the security deposit.

In regards to security deposits, the Florida statute requires a landlord to return a tenant's deposit within 15 days after they move out. In addition, the landlord must also include any interest accrued. If there are any deductions, then the Florida landlord must notify the renter within 30 days of their intention.

What to Include in a Security Deposit Demand Letter the address of your rental and the dates you rented from. how much you paid for a security deposit. why you are entitled to a return of a portion or all of the deposit. the state laws that require a return of the deposit in a timely manner.

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Florida Subordination and Deferral of the Guarantors Claims Against the Tenant