The law is on your side. We’ll make sure your landlord remembers that.
Most Florida renters are unaware that state law contains specific, strict protections governing how landlords must handle security deposits. When landlords fail to follow these rules — and many do — tenants have powerful legal remedies. Below is an overview of the key rights every Florida tenant should know.
Under Florida Statute 83.49, your landlord must return your full security deposit within 15 days of you vacating the property if no deductions are claimed. If they intend to keep any portion, they must send you a written notice by certified mail within 30 days explaining exactly why — or they forfeit the right to make any deductions at all.
Your landlord cannot charge you for the natural aging of the property. Faded paint, minor carpet wear, small nail holes, and lightly worn fixtures are all considered normal wear and tear — not damage. Any deduction for these items is unlawful.
Florida law requires landlords to either hold your deposit in a separate, non-interest-bearing account, post a surety bond, or pay you interest on the funds. Within 30 days of receiving your deposit, they must notify you in writing of how it’s being held.
Landlords cannot make vague claims. Every deduction must be itemized in writing, with specific amounts and reasons. Inflated repair estimates, undocumented charges, and hidden fees are all grounds for legal challenge.
If you disagree with your landlord’s claimed deductions, you have 15 days from receipt of their notice to object in writing. Once you object, they can’t simply keep the money — they must file a court action or return your funds.
It is illegal for a landlord to withhold your deposit, raise rent, or terminate your tenancy in retaliation for exercising your legal rights — including reporting code violations, requesting repairs, or organizing with other tenants.
Florida’s Residential Landlord and Tenant Act (Chapter 83) sets out the rules that every landlord must follow when collecting, holding, and returning security deposits. When a landlord violates these rules, you may be entitled to:
The most important thing to remember: the burden is on the landlord to prove their deductions are valid — not on you to prove they aren’t.
If any of the following has happened to you, contact us immediately. You may have a strong claim.
Your landlord didn’t return your deposit within 15 days of move-out.
You received vague or undocumented charges instead of an itemized list.
You’re being charged for normal wear, regular cleaning, or pre-existing damage.
Your landlord stopped responding to your calls, emails, or letters.
The repair charges seem inflated or wildly higher than typical market rates.
You never received written notice of where your deposit was held.