Did you know that between the first and third quarters of 2020 and 2021, the number of renter households in the United States increased dramatically? The number increased by more than during this period, reaching a total of 44 million.
This trend suggests that more people are choosing to rent homes rather than buy them. It also highlights the importance of rental housing in meeting the housing needs of millions of Americans.
As a result, landlords in Florida should understand the state's security deposit law. This is crucial to avoid any legal issues with your tenants. One of the most important aspects of this law is knowing 'when must a landlord return a security deposit in Florida.'
Below we'll discuss the guidelines for returning a security deposit in Florida. We will also discuss the allowable deductions and other essential information to help landlords in Kissimmee, Florida.
Florida Security Deposit Law
Florida Statutes Section 83.49 sets forth the requirements for handling security deposits in Florida. According to the law, a landlord must return their security deposit 15 days after a tenant moves out.
If any deductions are made from the deposit, the landlord must provide a written notice to the tenant within 30 days, specifying the reason for the deduction and the amount withheld.
Security Deposit Deductions List
Florida law provides specific reasons for which a landlord may be deducted from a security deposit. These reasons include the following:
- Unpaid rent or other fees owed by the tenant
- Rental property damage caused by the tenant, beyond normal wear and tear
- The cost of cleaning the unit if the tenant left it in an excessively dirty or unsanitary condition
- Replacement of any missing or damaged property belonging to the landlord
- Any other damages or expenses incurred as a result of the tenant's breach of the lease agreement
It's important to note that a landlord cannot make deductions for normal wear and tear. Normal wear and tear refers to the deterioration that occurs as a result of the tenant's use of the property over time. For example, faded paint or carpeting that has become worn due to regular foot traffic is considered normal wear and tear.
How Much are Security Deposits?
Florida law does not have a set limit on the charged security deposit. However, it's important to note that you cannot use the deposit to pay for the last month's rent. Landlords can only use the security deposit to cover any unpaid rent or damage caused by the tenant.
When Must a Landlord Return a Security Deposit in Florida?
If the landlord doesn't return the security deposit within 15 days, the lessee can take them to court. Alternatively, if the landlord doesn't send a written notice explaining the deductions within 30 days.
The lawsuit is filed in respect of the deposit amount plus court fees and lawyer fees. But if the tenant does not give the landlord a written forwarding address, the landlord may not have to return the security deposit.
However, if the tenant does not provide the landlord with their forwarding address in writing, the landlord may be relieved of their obligation to return the deposit.
Security Deposit Return In Florida
Returning a security deposit in Florida is a straightforward process that requires adherence to the state's guidelines. We hope we have cleared up the question of 'when must a landlord return a security deposit in Florida.'
Are you a landlord in need of property management services in Kissimmee, Florida? Then contact us today. We are a reputable property management company. We can help you navigate the complexities of Florida's security deposit law while ensuring your investment property is well-maintained and profitable.
