When to Return Security Deposits in Florida
The number of renters in the United States grew significantly from 2020 to 2021, reaching over 44 million households? The number of rents will increase by at least 20% by mid-2025.
For Florida landlords, understanding security deposit laws is crucial to avoid disputes with tenants.
For both new landlords and tenants in Florida, understanding security deposit laws is essential. These regulations define what landlords and tenants can expect at the end of a lease.
Landlords use security deposits to protect themselves from damages and unpaid fees. They must handle them legally to prevent disputes.
Following Florida’s security deposit laws benefits everyone involved and ensures fair treatment.
Millions of households rent in Florida. Most important to understand what Florida Statute 83.49 says about security deposits. This law covers returns, deductions, and disputes.
What You Want to Know
In this blog, we'll discuss Florida's law on security deposits, including when landlords must return deposits. We will review the deductions that landlords permit and how tenants can protect themselves from misuse.
We'll also answer questions such as:
- How long do I have to get my security deposit back from my landlord?
- How long does landlord have to give back security deposit?
- What can a landlord keep your security deposit for?
- How long for a landlord to return deposit?
- How long a landlord have to return deposit?
- Does security deposit get returned?
For a more in-depth look at Florida Statute 83, check out our comprehensive blog breaking down the entire statute.
What Are Security Deposit Laws in Florida?
The Florida Statute 83.49 governs the handling of security deposits. Under this law, landlords must return the deposit within 15 days after the tenant moves out. This holds true if you do not need any deductions.
If landlords need to make deductions, they have 30 days to provide a written notice. Most important that you notify the tenant in writing and have proof, that you did so.
Key Provisions of Florida Security Deposit Law
- Deposit Holding: Florida security deposit law requires that security deposits must be held in a Florida-based bank account. This also includes pet deposits.
- Return Timeline: Landlords must return the deposit within 15 days if they do not require any deductions.
- Making a Claim: If a deduction is necessary, the landlord must notify the tenant in writing within 30 days. We recommend an itemized list. If the tenant objects, a formal process should follow.
- Tenant’s Rights: If the landlord does not inform the tenant within 30 days, they lose the right to claim the deposit.
- Tenant Protections: Florida law safeguards tenants from unfair deductions. Landlords must inform tenants in writing within 30 days if they will make any deductions. Tenants can also dispute any deductions. They can provide evidence, like photos of the property’s condition, to challenge unfair claims.
What Can a Landlord Keep Your Security Deposit For?
According to Florida law, landlords can make permissible deductions from a security deposit for specific reasons. These include:
Unpaid Rent: Landlords can deduct any unpaid rent from the security deposit.
Damages Beyond Normal Wear and Tear: Damage such as broken fixtures, holes in walls, or stained carpets can result in deductions.
Cleaning Costs: If the tenant leaves the property excessively dirty, the landlord may deduct cleaning fees.
Unpaid Fees: The landlord can deduct any unpaid fees owed by the tenant, such as late fees or utility charges.
How Long Do I Have to Get My Security Deposit Back?
Florida law mandates that landlords return the security deposit within 15 days if they make no deductions.
If deductions are necessary, you must send a written notice within 30 days. To avoid any challenge, experts often suggest that landlords return it within 14 days and by certified mail.
Steps for Landlords When Returning a Security Deposit
- Inspect the Property: Conduct a thorough inspection to identify damage or cleaning needs.
- Document Condition: Take photos to support potential deductions.
- Calculate Deductions: Determine allowable deductions for unpaid rent or damages.
- Notify Tenant: Provide written notice with a security deposit return letter within the required 30 days for any deductions.
- Return Balance: Return the deposit or the remaining balance within 15 days. Unless you make deductions, you must return it within 30 days. After 60 days of receipt the tenant loses right to dispute the claim.
What Happens If a Landlord Fails to Return the Deposit?
Landlord tenant law in Florida security deposit Failure to return or provide timely notice of deductions can result in legal consequences.
According to Florida Statute 83.49, the landlord must return the total amount of the deposit within 15 days. If they plan to make deductions, they must give written notice within 30 days.
If they miss this deadline, they lose the right to keep any part of the deposit. This applies even if there are damages or unpaid rent.
Florida Law on Security Deposits and Small Claims Court
If a landlord wrongfully withholds a security deposit or makes unjustified deductions, the tenant can take legal action.
This usually means filing a case in small claims court. Security deposit disputes often fall below the financial limit for small claims..
The tenant can file a lawsuit to recover their deposit if the landlord does not return it within the lawful time frame.
The Importance of Documentation
When taking legal action or disputing the claim on the deposit, tenants can file a claim in small claims court without needing a lawyer.
The process is typically straightforward, with a focus on tenant evidence, like move-in checklists, utility bills, and photos.
Many tenants pick small claims court for these cases. It costs less money and resolves issues quickly.
Documentation helps make sure the process is fair. If the court finds the landlord acted in bad faith, tenants can get extra damages.
Common Confusion About Security Deposits
We get asked all the time, Does security deposit cover last month's rent? Many landlords and tenants wonder if they can use the security deposit to cover their last month’s rent. The answer is no, in the State of Florida.
The security deposit is for covering damages, unpaid rent, or other allowed deductions. You cannot use it for rent payments unless the rental agreement or lease ageement states so and everyone agrees.
Protecting Yourself or Your Investment
Understanding Florida’s security deposit law is crucial for landlords and tenants. For landlords, following the correct procedures ensures compliance with the law and helps maintain a positive relationship with tenants.
For tenants, knowing your rights can protect you from unlawful deductions and help you recover your deposit promptly. Renters in Florida should not take security deposit issues lightly.
How Allegiant Management Group Can Help
If you need help managing your rental property, we can assist you. We handle security deposits, leasing, and rent collection. We also offer a-la-carte services. Contact our experienced team at Allegiant Management Group for support.
Our teams pledges to always for right by our clients. Our team is well-versed in navigating Florida’s complex rental laws and ensuring your property is well-managed.
We are excited to be your resource for property management. We promise to provide you with quality service and peace of mind!
WATCH: FLORIDA SECURITY DEPOSIT LAWS EXPLAINED
For a quick overview on Florida’s security deposit laws, check out this helpful video:
FAQs About Florida Security Deposit Laws
How long does a landlord have to return my security deposit in Florida?
People ask us all the time how many days a landlord has to return the security deposit. Florida law requires landlords to return the security deposit within 15 days if they make no deductions.
If the landlord needs to make deductions, he or she must inform the tenant in writing within 30 days. Then, the landlord should return the remaining deposit amount.
What can a landlord legally deduct from a security deposit in Florida?
A landlord in Florida can deduct unpaid rent. They can also deduct for damage beyond normal wear and tear.
You can also deduct cleaning fees for dirty properties. Unpaid utility bills and other fees are also deductible. You can deduct repairs for damage that the tenant caused.
Can a tenant use their security deposit to pay the last month’s rent?
No, tenants cannot use their security deposit for the last month’s rent unless the rental agreement allows it.
What should I do if my landlord doesn’t return my security deposit?
If your landlord does not return your security deposit on time, you can send a demand letter. (Florida Security Deposit Demand Letter)
If that does not work, you may file a lawsuit in small claims court to recover your deposit.
When do they return the security deposit?
You will receive the security deposit after moving out as long as the landlord does not make a claim.
Disclaimer: The information in this article is for general purposes only. You should not consider it legal advice. For specific legal concerns, always consult a qualified attorney. This information does not create an attorney-client relationship.
Blog Updated: 12/08/2024
