| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Damages due to breach of lease Cleaning costs Charges outlined in the lease |
| Return Deadline | 15 days or 60 days |
| Itemized Deductions | Required |
| Penalty for Late Return | Amount due + court costs + attorneys’ fees |
For laws on security deposit collections and holdings in Florida, click here.
Some cities and counties may have regulations which are different than those presented here. Always check local laws.
Security Deposit Deductions in Florida
In Florida, the following can be deducted from security deposits:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Monetary damage as a result of a breach of the lease
- Cleaning costs
- Other charges as outlined in the lease
Most states, such as Florida, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Florida?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
Examples include:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Florida?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Florida?
In Florida, landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Florida?
Landlords in Florida can charge a cleaning fee if it is specifically stated in the lease agreement, the landlord does not charge for cleaning done as a result of normal wear and tear, and the cleaning fee is reasonable.
Can the Landlord Charge for Painting in Florida?
Florida landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Florida
Landlords must return a security deposit within 15 days from the date the tenant vacates the unit if there are no deductions. If the landlord intends to make deductions, they must return the security deposit no later than 30 days after sending a written statement of deductions.
How Long Do Landlords Have to Return Security Deposits in Florida?
Florida landlords have 15 days after the tenant vacates the rental unit to return a security deposit if there are no deductions. If the landlord deducts expenses, they will have 30 days to return the security deposit along with a written statement of those deductions.
The written statement of deductions must be sent by certified mail to the tenant’s last known address within 30 days from the date the tenant vacates the unit. Thus, the landlord has a maximum of 60 days to return the security deposit with deductions (if the written statement is sent on the 30th day).
If the landlord sends a written statement of deductions, the tenant has 15 days from receipt of the statement to make an objection.
Do Landlords Owe Interest on Security Deposits in Florida?
Landlords in Florida owe interest, but only if they hold security deposits in an interest-bearing account or post a surety bond. Landlords in Florida may choose to hold security deposits in a non-interest-bearing account, in which no interest would be due to the tenants.
How Do Landlords Give Notice in Florida?
If deductions are to be made from the security deposit, a written explanation of deductions must be sent by certified mail to the tenant’s last known address.
Can a Security Deposit Be Used for Last Month’s Rent in Florida?
Florida law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Florida
If landlords do not return the security deposit or provide a written statement of deductions, if any, within the required time period, tenants can file for damages in court up to the amount of the deposit due to the tenant plus court costs and reasonable attorneys’ fees.
Tenants can also take legal action against a landlord for:
- Deductions that are not mentioned in the lease agreement
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Florida?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in the small claims division of County Court if the amount of damages is less than $8,000. If the amount is greater, the tenant must file a civil case in the County Court.
A small claims case regarding the return of a security deposit must be filed within 4 to 5 years depending on whether the lease agreement was oral or written.
Cases are filed in County Court where the property is located or where the defendant lives. An attorney is not required but permitted. Filing fees are $55 to $300, depending on the amount sought in damages.
Sources
- 1 Fla. Stat. § 83.43(14)
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“Security deposits” means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant’s breach of lease prior to the expiration thereof.
Source Link - 2 Fla. Stat. § 83.49(3)
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The landlord or the landlord’s agent may disburse advance rents from the deposit account to the landlord’s benefit when the advance rental period commences and without notice to the tenant. For all other deposits:
(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to_____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, constitutes compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
Source Link - 3 Fl. Sm. Clm. R. 7.010(b)
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These rules are applicable to all actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $8,000 exclusive of costs, interest, and attorneys’ fees. If there is a difference between the time period prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern.
Source Link
