Florida law regulates security deposits, maintaining stringent guidelines on collecting, retaining, and refunding these funds. The Florida landlord-tenant law has not restrictions on the amount a landlord can charge; however, in a majority of cases, these do not exceed two months' rent.

Excessive deposit amounts lead prospective tenants to pursue other rentals. One- or two-months’ rent is an adequate amount to protect against, eviction, damaged property, and vacancies without dissuading a prospect’s interest in the rental.

Security deposits are required to ensure landlords are compensated for losses incurred from tenants beyond normal wear and tear. If a landlord deducts fund from the security deposit for any reason, they must send written notice via certified mail (not e-mail) detailing the reasons for the deductions.

When the landlord fails to return the security deposit despite the tenant following the lease terms and move-out protocols, the tenant can seek legal counsel on how to proceed.

Returning Security Deposits in Florida

When there are no deductions, the landlord has roughly 15 days from the move-out date to refund the deposit. If the landlord refuses the refund, there is no explicit penalty under the Florida statutes for this failure to return the funds.

However, the tenant has the right to sue. If they win the lawsuit, they are not only entitled to the damages but also fair attorney fees.

When landlords want to make deductions from the deposit, they have 30 days following lease termination to notify the tenant in writing of their intent to retain a portion of the funds. If the landlord exceeds the 30-day timeframe, they will lose their right to keep any portion of the security deposit.

It’s the tenant’s obligation to provide a valid forwarding address. If this is neglected, the landlord is not obligated to provide written notice of the deductions.

If the tenant has no objections to the charges, the landlord will subtract the deductions specified in the notice and refund the remaining funds within 30 days of the written notice date.

Visit - 20+ Security Deposit Tips for Landlords & Tenants | Buildium - for security deposit tips. Consider the following items that can be deducted from security deposits in Florida.

- Cleaning or repairs brought on by a pet living in the rental when express permission was not given for a pet to be on the premises.

- Rent in arrears

- Charges that can be incurred according to lease terms, such as early termination fee

- The money lost because of a lease breach

- Repair costs that go beyond normal wear and tear

Standard Wear vs Property Damage

The term “damage” refers to individuals neglect or misconduct during tenancy that impacts the value, usability, or functionality of the rental unit. This can include damaged tiles, pet damage, such as torn carpeting, shattered windows, holes in the walls, and lost accessories.

On the other hand, normal wear refers to property degradation that occurs when the unit is used as it’s intended and only if the deterioration occurs without carelessness, neglect, misuse, mistakes, or violence by the tenant or their guests.

Many minor problems arise as a property gradually deteriorates from typical daily use or progresses in age. Carpets wear, wall paint fades, grout becomes grimy, and appliances can become stained.

When moving in, it’s important to video or photograph the unit to show any existing damages and do the same when moving out. These date-stamped photos serve as evidence if you need to pursue legal action when dealing with the landlord.

While documenting the condition, you want to walk through with the landlord and have a written checklist that each party signs. This will relieve you of the burden of issue you are not responsible for. Go here for deposit myths.

Dispute Resolution

When a security deposit case goes before a judge and the court decides that the landlord has wrongfully withheld your security deposit, the landlord might be ordered to:

- Pay the lawyer fees and court expenses

- Refund the security deposit

This provision intends to give tenants access to the legal system to settle what would otherwise be a difficult issue to resolve.

Landlords who refuse to meet the protocols can be held liable for the funds, along with attorney fees and expenses, which can far outweigh the deposit value they’re trying to withhold from the tenant.

Final Thought

Rental laws vary according to city and county. You want to check your local laws to learn the rights you have as a tenant before moving in and when moving out from a rental unit. The US Department of Housing and Urban Development has a directory linking users to websites for tenant rights in some cities.

Local city governments may also have a housing department with additional resources. You can also find housing advocacy groups or nonprofit tenant unions to help explain relevant rental laws.

If your landlord is refusing to return your deposit, and you think you’re right, the first point of contact should be an open communication with the landlord and pursue legal avenues depending on the outcome of that dialog.

Featured