BreakThru Realty

Florida Security Deposit Rules for Renters

Révisé par Tyson E. Sam, fondateur et courtier attitré de BreakThru Realty, Florida License 3565210

La réponse courte

Florida law (Chapter 83 of the Florida Statutes) requires a landlord to tell you in writing, within thirty days of receiving your deposit, how and where it is held. After you move out, the landlord has fifteen days to return the deposit if there is no claim against it, or thirty days to send written notice of a claim by certified mail; you then have fifteen days to object. This is a summary, not legal advice.

How the Deposit Is Held

A Florida landlord holds a security deposit in a separate account at a Florida bank, interest-bearing or not, or posts a surety bond for it. Within thirty days of receiving the deposit the landlord must give the tenant written notice of the bank, whether the account bears interest and whether the deposit is held separately or commingled under a bond. Many leases include this notice in their text.

What the Deposit Covers

The deposit is security for unpaid rent and for damage beyond normal wear and tear. Ordinary wear, such as faded paint or carpet worn by normal use, is not damage. Cleaning beyond what the home needed when you moved in, holes, stains and missing items are. A dated move-in inspection with photos, kept by both sides, is the best evidence either side will have at move-out.

After You Move Out

If the landlord makes no claim, the deposit comes back within fifteen days of the day you leave. If the landlord intends to keep any part of it, the landlord must send notice of the claim, with the reason, by certified mail to your last known address within thirty days; a landlord who misses that deadline gives up the claim, though not the right to sue for the damage itself. Leave a forwarding address in writing when you hand back the keys.

Objecting to a Claim

You have fifteen days from receiving the notice to object in writing. If you do not object, the landlord may deduct the claimed amount and return the rest. If you do, the two sides settle it between them or in county court, where the prevailing party may recover its attorney's fees. Keep copies of the lease, the move-in inspection, the notice and your objection.

Deposits on Furnished, Seasonal and Luxury Homes

The same statute applies however large the deposit, and seasonal and luxury leases often take two months' rent or more. A detailed inventory of furnishings, signed by both sides at check-in, is what makes a large deposit come back cleanly. Transient stays of six months or less may also be governed by the lease's own terms for cleaning and damage, so read them before you pay.

When to Talk to an Attorney

The deadlines above are the statute's; a lease cannot shorten the tenant's rights under it, but the details of a dispute, a landlord who has sold the home mid-lease, or a deposit that was never properly held are questions for an attorney who practises Florida landlord-tenant law. BreakThru agents explain the rules in general terms and send specifics to an attorney.

Let a Rental Agent Do the Legwork

Tell us your budget, move-in date and must-haves. A BreakThru rental agent builds the shortlist, schedules the tours and helps you apply with a complete file. In most South Florida rentals the owner pays the agent, so our help costs a renter nothing. Dites-nous ce que vous recherchez · Search homes for rent

Florida Security Deposit Rules for Renters: Questions

What are the security deposit rules in Florida?
Florida law (Chapter 83 of the Florida Statutes) requires a landlord to tell you in writing, within thirty days of receiving your deposit, how and where it is held. After you move out, the landlord has fifteen days to return the deposit if there is no claim against it, or thirty days to send written notice of a claim by certified mail; you then have fifteen days to object. This is a summary, not legal advice.
Does the landlord owe me interest on my deposit?
Only when the deposit is held in an interest-bearing account; then the tenant is owed either the interest it earned or five percent a year simple interest, at the landlord's choice, paid at least once a year or at the end of the lease. Interest is forfeited by a tenant who leaves before the lease ends. A non-interest-bearing account owes none.
Can the landlord use my deposit as the last month's rent?
Not unless the lease says so or the two of you agree in writing. A security deposit and prepaid last month's rent are different things, and a tenant who stops paying the last month on the strength of the deposit is in default under most leases.
What if the home is sold while I am renting?
The deposit follows the home: the seller transfers it to the buyer, who takes over the landlord's obligations, and the tenant should receive written notice of the new holder. A lease generally survives a sale for its term. Confirm the specifics of your lease with an attorney.

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