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Understanding your rights and responsibilities at move-out.
Handling a tenant’s security deposit properly is one of the most important — and commonly misunderstood — tasks for Florida landlords. At the end of a lease, landlords often wonder what qualifies as a legitimate deduction and what falls under the umbrella of “normal wear and tear.”
To help you stay compliant with Florida law and avoid costly disputes, here’s a clear guide on what you can and cannot deduct from a tenant’s security deposit when they move out.
✅ Legitimate Deductions from a Security Deposit
1. Unpaid Rent or Fees
You may deduct any unpaid rent, late fees, or other charges specified in the lease agreement that the tenant failed to pay before vacating.
2. Damage Beyond Normal Wear and Tear
Damage that exceeds ordinary use is deductible. Examples include:
- Large holes in walls or doors
- Broken windows or hardware
- Pet damage (chewed wood, stained carpets)
- Burn marks or deep scratches on flooring
- Unauthorized painting or wallpaper that requires restoration
3. Excessive Cleaning Costs
If the unit is left in an unreasonably dirty state — such as piles of trash, rotting food, or caked-on grease — you may charge for professional cleaning beyond normal turnover.
4. Removal of Abandoned Property
Tenants who leave behind furniture or personal belongings without coordinating removal may be charged reasonable fees for disposal.
❌ Charges That Are Not Allowed
1. Normal Wear and Tear
Every rental shows signs of use over time. These are not valid deductions:
- Small nail holes or scuffs on walls
- Lightly worn carpet or flooring
- Faded paint or blinds from sunlight
- Dust or light dirt accumulation
2. Routine Turnover Cleaning
Landlords are expected to clean the unit for the next tenant. General cleaning (e.g., wiping surfaces, vacuuming) is part of your operating costs and cannot be charged to the former tenant.
3. Upgrades or Improvements
Security deposits are not meant to fund renovations, upgrades, or property improvements — unless specifically tied to correcting tenant-caused damage.
4. Unsubstantiated Charges
Any deduction must be based on actual, documented costs. Arbitrary or inflated amounts are not legally enforceable and could lead to disputes or legal liability.
🕒 Florida's Legal Deadlines for Returning a Deposit
Per Florida Statute § 83.49, here’s how and when to return or claim a security deposit:
- No deductions? Return the full deposit within 15 days of the tenant vacating.
- Intend to deduct? You must send a Notice of Intention to Impose a Claim on the Security Deposit within 30 days, via certified mail to the tenant’s last known address.
This notice must explain the amount being withheld and the reasons for doing so. The tenant then has 15 days to object in writing.
Failure to follow this process correctly may result in forfeiting your right to keep any portion of the deposit — even if your claim is valid.
🔑 Landlord Best Practices
- Inspect & Document Thoroughly: Conduct move-in and move-out inspections with photos or video.
- Use a Standard Checklist: Maintain consistency and fairness with a clear, written list of move-out expectations.
- Communicate Proactively: Give tenants advance notice about what is expected when they vacate the unit.
- Keep Records: Save all receipts and service invoices to justify deductions.
Need Help Navigating a Security Deposit Issue?
Whether you manage one property or a portfolio, properly handling security deposits is critical for maintaining compliance and protecting your investment. If you're unsure whether a charge is valid, or need help with notices and documentation, our team at Belle Epoque Realty is here to support you with professional property management guidance.
Let’s keep things fair, legal, and stress-free — for everyone involved.
