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ACTION LINE'S TOP 40

Landlord-tenant

• Q: I moved out of the apartment I was renting months ago, but I still haven't received my security deposit and I haven't heard from the landlord. What are my rights?

• A: Under Florida law, if a landlord intends to keep all or part of your security deposit, he or she must notify you at your current address by certified mail, within 30 days of your departure.

The tenant then has 15 days to respond and send an objection by certified mail. Keep in mind that it's the tenant's responsibility to provide a current address. The landlord is required to send it to the last known address.

If a landlord doesn't send a notice, it forfeits any claim to the security deposit. If you sue, it may also have to pay legal fees.

You should read your lease carefully, be careful to note any damage present when you move in, and, when leaving, give the landlord a new address when you pay your final month's rent.

For a free copy of Florida's Landlord-Tenant Law, call the Florida Department of Agriculture and Consumer Services at 800-HELP-FLA (800-435-7352).

You can find the same information on the Web at www.800helpfla.com. Click on Publications on the left side of the screen.

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• Q: My landlord refuses to fix a leak in one of the bedrooms of my rental unit. I've tried sending letters, and I've spoken to the property manager, but they won't do anything about it. I can't move because I can't afford another place.

• A: According to Florida Statute 83.51, your landlord is obliged to maintain the premises.

He's responsible for keeping the roof, windows, screens, doors, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and ``capable of resisting normal forces and loads, `` the statute says. In addition, the plumbing must be in ``reasonable working condition.''

Legally, you can withhold your rent payment until the landlord does his job. Refer to Florida Statute 83.56 (1). There's a process to follow, though. You must send a written notice to your landlord seven days before your rent is due stating that you will be withholding the rent until repairs are made. To make sure you have proof that he received it, send the letter by certified mail, return receipt requested.

Your landlord will either make the repairs or send you an eviction notice. You can then take the eviction notice to court and show the judge the letter that you sent asking your landlord to obey the law. The judge will take it from there.

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