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 state laws is crucial to avoid disputes with tenants. These regulations define what landlords and tenants can expect at the end of a lease.
Landlords use security deposit's 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 deposit's. This law covers returns, deductions, and disputes.
What You Want to Know
You may be a tenant who's landlord hasn't returned deposit and are looking for what to do if landlord doesn't return deposit.
In this blog, we'll discuss Florida's law on security deposit's, including when landlords must return deposits. We will review the deductions that landlords permit and how tenants can protect themselves from misuse.
Top Questions Regarding Security Deposit's
- How long do I have to get my security deposit back from my landlord?
- How long does landlord have to give back security deposit?
- How long for a landlord to return deposit?
- What are my apartment deposit return laws?
- Am i supposed to get my security deposit back?
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 deposit's. Under this law, landlords must return the deposit within 15 days after the tenant moves out or lease termination.
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 deposit's must be held in a Florida-based bank account. This also includes pet deposits. Landlords must also disclose simple interest and the amount of the security deposit held.
- Return Timeline: Landlords must return the deposit within 15 days if they do not require any deductions.
- Making a Claim: The landlord must inform the tenant in writing within 30 days. This is if they plan to keep all or part of the security deposit. We recommend write a security deposit itemized list or itemized statement. If the tenant objects, a formal process should follow.
- Tenant’s Rights:If the landlord does not notify the tenant within 30 days after the lease ends, they lose the right to return 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: Property 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 proper notice within 30 days. To avoid problems, experts often recommend that landlords return the deposit within 14 days. They should use certified mail after the tenant leaves the rental unit.
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 proper 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?
In Florida, landlord-tenant law covers security deposit's. If a landlord does not return the deposit on time, they could have problems. They also need to inform the tenant about any deductions. If they fail to do this, they may face legal issues.
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 Deposit's 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 Deposit's
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 agreements 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 landlord tenant relationships.
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 with full-service property management. We handle security deposit's, 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:
Frequently Asked Questions (FAQs) About Florida Security Deposit Laws
How long does a landlord have to return my security deposit in Florida?
In Florida, a landlord must return the security deposit within 15 days if there are no deductions. If withholding any amount, they must send written notice within 30 days stating the reasons. Tenants have 15 days to dispute the claim before deductions are finalized.
What can a landlord legally deduct from a security deposit in Florida?
In Florida, a landlord can legally deduct from a security deposit for:
- Unpaid rent or utilities.
- Property damage beyond normal wear and tear.
- Cleaning costs if excessive.
- Lease violations causing financial loss.
Landlords must provide written notice within 30 days if making deductions.
Can a tenant use their security deposit to pay the last month’s rent?
In Florida, tenants cannot automatically use their security deposit for last month’s rent unless the lease agreement allows it. Landlords can require full rent payment and deduct damages or unpaid amounts from the deposit after move-out. Always check the lease for specific terms.
What should I do if my landlord doesn’t return my security deposit?
If your landlord doesn’t return your security deposit in Florida:
- Review your lease and Florida’s 30-day notice rule.
- Send a written demand requesting the deposit.
- File a complaint with Florida’s consumer protection agency.
- Sue in small claims court if necessary.
What should be included in a security deposit demand letter?
A security deposit demand letter should include:
- Tenant’s name and address
- Rental property details
- Amount of deposit owed
- Request for payment within a reasonable timeframe (e.g., 7-10 days)
- Legal consequences if not returned
Click here to Download a Florida Security Deposit Demand Letter Sample Template
What happens if landlord does not return security deposit in 30 days Florida?
In Florida, if a landlord fails to return the security deposit or send a written claim within 30 days, they forfeit the right to withhold any portion. The tenant can demand a full refund and, if necessary, sue in small claims court for the deposit plus legal fees.
How long does a tenant have to dispute security deposit deductions?
A tenant has 15 days to dispute any deductions after receiving the landlord’s written notice of intent to withhold funds.
Can a landlord keep the deposit if the tenant breaks the lease?
Yes, if the lease states that breaking it results in forfeiting the deposit, the landlord may legally keep it. However, tenants may negotiate or dispute unfair.
Does a landlord have to provide receipts for security deposit deductions?
Florida law requires landlords to provide written notice of deductions but does not require them to provide receipts unless requested or disputed in court.
Will I still receive my deposit back if my landlord evicts me?
In Florida, eviction does not automatically forfeit your security deposit. The landlord can only deduct for unpaid rent, damages beyond normal wear and tear, or lease violations. They must return any remaining deposit within 15 days or send a written claim within 30 days.
Can you get your security deposit back?
Yes, in Florida, tenants can get their security deposit back if they meet lease terms, pay rent, and leave the unit undamaged beyond normal wear and tear. Landlords must return the deposit within 15 days or provide a written claim within 30 days if deducting funds.
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: 02/18/2025
