Security Deposits
A security deposit is money you pay to your landlord to be set aside to pay for any damages caused by your tenancy, this can be physical damage or often times, is kept as an early termination fee if you move out before the end of the lease.
The lease agreement signed by, both, you and the landlord, states how much the security deposit is for your rental. This amount typically matches your monthly rental price. A security deposit is not required by Florida law, but is required by most landlords in order to rent their property.
Florida landlords collect security deposits for several reasons:
4 Protection against damage to the premises – This is the most basic reason to collect a security deposit. The damage caused should, however, be beyond normal wear and tear.
4 To cover a loss due to non-payment of rent.
4 Early termination of lease – This constitutes a breach of contract. Here, the landlord will use the security deposit to help find a replacement tenant.
4 To cover unpaid utilities upon a move-out.
4 To cover the cost of cleaning – Tenants need to leave the rental premises in the exact same condition they found it in when they moved in. When they don’t, the landlord will use the security deposit to restore the property for the next tenant.
“Normal Wear and Tear” vs. Damage
“Normal wear and tear” refers to the deterioration of the property by normal use. Normal wear and tear happens without negligence, carelessness, accident, misuse, or abuse by the tenant or guests of the tenant. Minor issues that occur naturally like aging and expected decline as a result of everyday living are fall under “normal”. This can include gently worn carpets, loose door handles, fading wall paint and flooring, etc.
“Damage” refers to the destruction that occurs because of abuse or negligence by a tenant during the tenancy and can affect usefulness, value, or normal function of the rental unit. Pet damage (heavily stained and ripped carpet), broken tiles, holes in the wall, broken windows and missing fixtures are all examples of damage.
Returning Security Deposits in Florida
Time Frame
The landlord must return the security deposit within 15 days from the time the tenant vacates the unit to return the security deposit if there will be no deductions. If the landlord intends to make deductions, the landlord must provide the tenant with written notice of deductions within 30 days.
Failure to Return the Security Deposit on Time
Florida statutes do not provide a specific penalty on the landlord’s failure to return the security deposit on time. However, should the landlord fail or refuse to return it, the tenant may sue the landlord for the return of the same. If the tenant wins, the tenant will be entitled to the costs of the suit and reasonable attorneys’ fees. However, if the landlord wins, the tenant will be the one to pay for the landlord’s costs.
Written Notice of Deductions
The landlord has 30 days after the tenant vacates the unit to provide this written notice. If the landlord fails to do so, the landlord’s rights to charge anything or hold on to the security deposit will be forfeited.
Side notes:
Always do a walk-through upon move in and do notify the landlord of any items that you do not want to be held responsible for.
Move in pictures AND move out picture are beneficial to all parties.
The same goes for repairs and maintenance during your lease term…always notify the landlord of any issues that may arise. Ongoing minor issues can lead to large repairs so don’t be that tenant.
Treat your rental as if it were your own! You would want them to do the same for you!