What Florida Landlords Must Prove to Withhold a Security Deposit
By SalcinesLaw
Florida landlords who intend to keep any portion of a tenant’s security deposit must strictly comply with Florida Statute § 83.49. This includes timely written notice, clear documentation of damages beyond normal wear and tear, and proof that lease terms and statutory requirements were followed. Failure to meet any requirement can result in forfeiting the deposit and exposure to attorney’s fees.
In Landlord Tenant matters, security deposit disputes are one of the most common sources of litigation between landlords and tenants in Florida. Many property owners assume that obvious damage automatically entitles them to keep the deposit. That assumption is costly.
Under Florida law, the burden of proof is on the landlord. If a tenant disputes your claim, you must be prepared to prove every step was handled correctly. Courts apply these rules strictly, and technical errors frequently decide the outcome.
Below is what Florida landlords must prove and where many claims fall apart.
Florida’s Security Deposit Deadline Rules
Florida Statute § 83.49 imposes firm deadlines at the end of a lease:
- 15 days to return the full deposit if no claim is made
• 30 days to send written notice if you intend to impose a claim
Missing the 30-day deadline permanently waives your right to withhold any portion of the deposit, even if the tenant caused substantial damage.
Timing is not a suggestion. It is a condition precedent to your claim.
What a Florida Landlord Must Prove in a Security Deposit Dispute
- The Deposit was held in a separate account and not commingled with personal funds
Under Fla. Stat. 83.49, the Landlord is required, upon receipt of either the security deposit or advanced rent, to maintain the funds in a separate interest bearing account. The funds can not be commingled with any personal funds and no checks can be written out of this account.
Failure to keep the funds separate is automatic grounds to return the deposit, even if the tenant caused damages.
- Proper Written Notice Was Sent on Time
Your notice of intent to impose a claim must be clear, detailed, and compliant with the statute. It must include:
- The amount being withheld
• Specific reasons for each deduction
• Your name and address
• A statement informing the tenant they have 15 days to object in writing
The notice must be sent to the tenant’s last known address. Certified mail is strongly advised and often becomes a key exhibit in court.
- The Damage Exceeded Normal Wear and Tear
Florida law does not allow landlords to charge tenants for ordinary use of the property.
Examples of chargeable damage may include:
• Broken windows or doors
• Significant wall damage
• Burned or heavily stained flooring
• Missing appliances or fixtures
Examples of non-chargeable wear include:
• Faded paint
• Minor nail holes
• Normal carpet wear
• Aging fixtures
Judges expect landlords to clearly distinguish damage from depreciation.
- You Have Credible Evidence
A landlord’s testimony alone is rarely sufficient. Courts expect documentation, including:
- Move-in and move-out inspection reports
• Dated photographs or video
• Repair invoices or contractor receipts
• Written repair estimates if work is pending
Without proof of the unit’s condition before and after tenancy, the claim often fails.
- The Lease Supports the Charges
Your lease matters. Charges must be authorized by both the lease and Florida law.
Common issues that undermine claims include:
• Charging cleaning fees without a lease provision
• Imposing penalties not stated in the lease
• Attempting to shift ordinary maintenance to the tenant
If your lease conflicts with the statute, the statute controls.
Costly Mistakes Florida Landlords Make
Even experienced landlords lose deposit disputes due to avoidable errors:
- Sending vague notices without itemization
• Missing the statutory deadline
• Charging for pre-existing damage
• Failing to document move-in condition
• Overreaching on cleaning or repairs
In security deposit cases, precision wins. Sloppiness loses.
What Happens If the Tenant Files Suit
If a dispute escalates to court, a landlord may be exposed to:
- Return of the full security deposit
• Court costs
• The tenant’s attorney’s fees
Florida judges expect strict compliance. Even strong factual claims can fail due to procedural missteps.
Why Florida Landlords Should Get Legal Guidance Early
Security deposit disputes are rarely about the dollar amount alone. They are about compliance, leverage, and risk management. A properly drafted lease, clean documentation process, and legally compliant notice can prevent litigation altogether.
When disputes arise, early legal review often determines whether a claim is enforceable or already lost.
Protect Your Property. Protect Your Position.
At Salcines Law, we represent Florida landlords in residential and high-value property disputes with a focus on strategy, compliance, and enforcement. If you are facing a security deposit dispute or want to strengthen your lease and procedures before a problem arises, legal guidance matters.
Call us today for a consultation with real estate attorney Jacqueline Salcines.
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