When to Return Security Deposits in Florida
Did you know the number of renters in the United States increased significantly between 2020 and 2021, reaching over 44 million households? As more people choose to rent homes, it becomes essential for landlords in Florida to understand the security deposit laws to avoid potential disputes.
In this post, we'll discuss Florida's law on security deposits, including when landlords must return deposits, what deductions are permitted, and how tenants can protect themselves. We’ll also answer questions such as, "How long do I have to get my security deposit back?" and "What can a landlord keep your security deposit for?"
What are Security Deposit Laws in Florida?
The Florida Statute 83.49 governs the handling of security deposits. Under this law, a landlord must return the deposit within 15 days after the tenant moves out, as long as no deductions are needed. However, if there are legitimate reasons for deductions, the landlord has up to 30 days to notify the tenant in writing.
Key Provisions of Florida Security Deposit Law
- Holding of Deposit: The law requires security deposits to be held in a bank account in Florida.
- Return Timeline: The landlord must return the security deposit within 15 days if there are no deductions.
- Making a Claim: If a deduction is necessary, the landlord must notify the tenant in writing within 30 days. If the tenant objects, a formal process should follow.
- Tenant’s Rights: If the landlord fails to notify the tenant within 30 days, they lose the right to make a claim on the deposit.
What Can a Landlord Keep Your Security Deposit For?
According to Florida law, landlords can make 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 property is left excessively dirty, the landlord may deduct cleaning fees.
- Unpaid Fees: Any unpaid fees owed by the tenant, such as late fees or utility charges, can be deducted.
How Long Do I Have to Get My Security Deposit Back?
If you’re a tenant wondering "how long do I have to get my security deposit back?", the law in Florida requires landlords to return the deposit within 15 days of moving out, provided no deductions are made. We recommend returning it by 14 days just to make sure there is no challenge if the deposit to the tenant was returned timely. deductions are made, the process may take longer, with the landlord required to provide written notice within 30 days.
Steps Landlords Should Follow When Returning a Security Deposit
- Inspect the Property: Conduct a thorough inspection to identify any damages or cleaning requirements.
- Document the Condition: Take photos and document any issues to support possible deductions.
- Calculate Deductions: If applicable, calculate any allowable deductions for unpaid rent or damages.
- Notify the Tenant: If making deductions, provide a written notice within 30 days.
- Return the Balance: Return the security deposit balance within the required 15 days or after 30 days if deductions are made.
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 often involves filing a case in small claims court, as security deposit disputes are typically under the financial limit for small claims. The tenant can file a lawsuit to recover their deposit if it is not returned within the lawful time frame.
How to File a Lawsuit Over a Security Deposit
- Send a Demand Letter: Before filing a lawsuit, it’s recommended that you send a formal demand letter to the landlord requesting the return of your deposit.
- Prepare Your Case: Gather evidence such as the lease agreement, photos of the property’s condition, and any communications with the landlord.
- File in Small Claims Court: If the landlord does not respond or refuses to return the deposit, file a case in Small Claims Court. Tenants often represent themselves in these cases.
Does Security Deposit Cover Last Month’s Rent?
Many tenants wonder if they can use the security deposit to cover their last month’s rent. In Florida, the answer is no. The security deposit is meant to cover damages, unpaid rent, or other allowable deductions, but it cannot be used for rent payments unless explicitly stated in the rental agreement.
Florida Security Deposit Case Law
When disputes arise over security deposits, both landlords and tenants often turn to the courts for resolution. Over the years, several key cases have helped define and clarify the application of Florida’s security deposit laws, particularly Florida Statute 83.49. Below are some important security deposit case laws that landlords and tenants should know about:
1. Durene v. Alcime (1998)
Key Issue: Timely Notice of Deposit Deductions
In the case of Durene v. Alcime, a Florida appellate court emphasized the importance of providing timely notice of any claims on the security deposit. Under Florida Statute 83.49(3)(a), a landlord must provide written notice of any intention to impose a claim on the deposit within 30 days after the tenant vacates the property. If the landlord fails to do so, they forfeit the right to make a claim and must return the full deposit to the tenant.
This case reinforces the need for landlords to strictly adhere to the 30-day notification window, or risk losing the ability to recover costs for damages or unpaid rent.
2. Mackenzie v. Centex Realty, Inc. (1989)
Key Issue: Itemized Deductions and Reasonable Costs
In Mackenzie v. Centex Realty, Inc., the court ruled that landlords must provide an itemized list of deductions along with any claims made on a security deposit. Vague or unsubstantiated deductions were deemed insufficient, and landlords are required to show proof of the actual costs incurred for repairs or cleaning beyond normal wear and tear.
This case illustrates the importance of documentation for landlords. Providing receipts or written estimates for any deductions will help ensure that claims on the security deposit are valid and enforceable in court.
3. Deeb v. The Night Club, Inc. (1985)
Key Issue: Return of Deposits with No Tenant Forwarding Address
In Deeb v. The Night Club, Inc., the Florida court held that if a tenant does not provide a forwarding address, a landlord can still retain the deposit until such an address is provided. This case confirmed that tenants must communicate their new address if they expect to receive the deposit after vacating the property.
For tenants, this highlights the need to provide clear and timely forwarding information to their landlords. Landlords, on the other hand, should document all attempts to contact tenants when deposits are unclaimed.
4. Simon v. Faltz (2017)
Key Issue: Disputes Over Normal Wear and Tear
In Simon v. Faltz, a dispute arose over whether certain property conditions fell under the category of normal wear and tear or damage. The court sided with the tenant, determining that small nail holes and minor carpet stains from normal use did not qualify as damages that would justify deductions from the security deposit.
This case is important for clarifying the difference between normal wear and tear and tenant-caused damages. Landlords must be cautious about making deductions for minor, expected property wear that results from ordinary tenant use.
5. Cruz v. Westside Regional Medical Center (2002)
Key Issue: Security Deposits and Unlawful Retention
In Cruz v. Westside Regional Medical Center, the court ruled in favor of the tenant after the landlord wrongfully withheld the security deposit without following proper statutory procedures. The court ordered the landlord to return the deposit and awarded additional damages for the tenant’s legal fees, emphasizing that unlawful retention of a deposit could lead to costly penalties.
This case highlights the financial risk landlords face if they do not comply with Florida’s security deposit laws. Not only can they lose the deposit, but they may also face additional penalties, including paying the tenant's attorney fees.
6. Stewart v. Waterfall Village of Atlanta, LLC (2020)
Key Issue: Improper Use of Security Deposits
In Stewart v. Waterfall Village of Atlanta, LLC, the tenant argued that the landlord used the security deposit improperly by applying it to unpaid rent without consent or a specific clause in the rental agreement allowing such action. The court ruled that security deposits must only be used for legally permissible purposes, such as repairs or damages, unless the rental agreement clearly states otherwise.
This case underscores the need for both tenants and landlords to be clear on how the security deposit will be used, and for landlords to strictly follow the terms of the rental agreement.
Lessons from Case Law
These Florida security deposit case laws provide key insights into how courts interpret the state’s landlord-tenant laws. Here are a few important takeaways:
- Timely Notices: Landlords must send written notices within the statutory deadlines (30 days) to avoid losing the right to claim deductions from the security deposit.
- Itemization and Documentation: Clear, itemized deductions supported by receipts or estimates are crucial for withstanding legal scrutiny.
- Wear and Tear: Landlords should understand the difference between normal wear and tear and actual damage. Routine wear cannot be deducted from the deposit.
- Forwarding Address: Tenants must provide a forwarding address to receive their deposit. Without this, landlords may retain the deposit until they receive proper notification.
- Legal Penalties: Landlords who improperly withhold security deposits may face penalties, including paying the tenant’s attorney fees if the dispute escalates to court.
By staying compliant with Florida law and following proper procedures, both landlords and tenants can avoid unnecessary disputes over security deposits.
FAQs About Florida Security Deposit Laws
How long does a landlord have to return my security deposit in Florida?
Florida law requires landlords to return the security deposit within 15 days if no deductions are being made. If deductions are necessary, the landlord must notify the tenant in writing within 30 days and then return the remaining deposit amount.
What can a landlord legally deduct from a security deposit in Florida?
A landlord in Florida can deduct for unpaid rent, excessive damage beyond normal wear and tear, cleaning fees for excessively dirty properties, unpaid utility or other fees, and repairs for property damage caused by the tenant.
Can a tenant use their security deposit to pay the last month’s rent?
No, tenants cannot use their security deposit to cover the last month’s rent unless specifically allowed in the rental agreement. Security deposit is money but must be allocated appropriately.
What should I do if my landlord doesn’t return my security deposit?
If your landlord fails to return your security deposit within the required time frame, you can send a demand letter. If that does not work, you may file a lawsuit in small claims court to recover your deposit.
When does security deposit get returned?
The security deposit is returned after moving out as long as there is no a claim made.
Conclusion
Understanding Florida’s security deposit law is crucial for landlords and tenants. For landlords, following the correct procedures ensures you stay compliant with the law and maintain a good relationship with your tenants. For tenants, knowing your rights can protect you from unlawful deductions and help you recover your deposit promptly. Florida renters rights security deposit is something to take very seriously.
If you need assistance with managing your rental property, including handling security deposits, contact Allegiant Management Group. Our team is experienced in navigating Florida’s complex rental laws and ensuring your property is well-managed.
Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal advice. For specific legal concerns, always consult a qualified attorney. This information does not create an attorney-client relationship.
