What Is a Demand Letter?
Before filing a lawsuit in Florida, the injured party's attorney typically sends a demand letter. This formal written notice serves three purposes: (1) it clearly states the legal claim, (2) it demands a specific remedy (usually payment of damages or performance of a contractual obligation), and (3) it warns the recipient that litigation will follow if the demand is not satisfied within a stated deadline (usually 15 to 30 days).
A well-crafted demand letter is one of the most effective tools in a litigator's arsenal. Many disputes are resolved at the demand letter stage without ever filing a lawsuit, saving both parties enormous legal fees and years of litigation.
When Demand Letters Are Legally Required
In certain types of Florida cases, sending a demand letter is not optional; it is a statutory prerequisite to filing suit:
- Construction Defects — Under Florida Statute 558.004, a property owner must send a written notice of claim to the contractor at least 60 days (120 days for an association) before filing a construction defect lawsuit. The contractor has the right to inspect the property and offer to repair the defect.
- Landlord-Tenant Security Deposits — Under Florida Statute 83.49, a landlord must send a written demand within 30 days of lease termination explaining any claim against the security deposit. Failure to send this notice forfeits the landlord's right to make a claim.
- Breach of Contract (Commercial) — Many Florida commercial leases and purchase agreements contain "notice and cure" provisions requiring a demand letter before declaring a default.
Strategic Value
Even when not legally required, a demand letter creates a powerful paper trail. It demonstrates good faith, establishes a timeline, and can later be used in court to show that the defendant was given a fair opportunity to resolve the dispute before being sued.
Related Terms
- Damages — The financial recovery demanded in the letter
- Breach of Contract — The most common basis for a demand letter
- Civil Complaint — The lawsuit filed if the demand is ignored
Barnes Walker Pre-Litigation Strategy
Barnes Walker's litigators draft aggressive, legally precise demand letters that maximize settlement leverage while preserving all statutory prerequisites, ensuring our Florida clients' claims are positioned for swift resolution or immediate courthouse filing. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC