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How to Get Security Deposit Refunds in Florida?


What do you need to know about your security deposit refund Florida and how to assure you get it back? When you rented your apartment or rental house, your landlord probably charged you a security deposit or maybe it was called a damage deposit, advanced rent, maybe a pet deposit and something else that the landlord and you agreed to. These monies are to protect the landlord from damages to the rental and possibly unpaid rent. The landlord cannot keep any of this damage deposit money for repairs associated with normal wear and tear.

One of the best ways to protect yourself is to do a walk through before you move into the rental with the landlord or his agent to identify any problems that should be fixed before you sign any rental agreements. Talk pictures and/or video and then make any notes on questionable conditions and include what repairs will be made and have this signed by both you and landlord. Keep a copy of this in your files and give one to the landlord for his records.

Now it is time for you to leave and you want your deposit back. It is good to ask to be present when the landlord does his final property inspection so that you can have the opportunity to fix things or do more cleaning. Your rental should be clean with all your belongings removed, all cupboards cleaned out and garbage disposed of properly. Your deposit can only be deducted for things that are not normal wear and tear. The landlord can deduct for cleaning or repairs to restore your apartment to its original condition.


What are some items that might be classified as Damage or Excessive Filth?

  • Rips in the carpet or urine stains from pets
  • Cigarette burns in the curtains or carpets
  • Dirty bathtub or toilet
  • Holes in the walls that require patching and repainting
  • Water damage that was caused by leaving windows open or from sitting water
  • Broken tiles
  • Cabinets, those are sticky on the outside and/or inside
  • Missing curtains or blinds that were there when you first rented
  • Mirror that is caked with makeup or lipstick

When you are make sure that you have given a written notice to your landlord regarding your intent to end your tenancy and you have included the proper amount of time required by law. For example, a week to week tenancy it is 7 days, month to month is 15 days. The amount of time required for notice may be different than this if it is stated in the rental agreement differently then you must abide by the amount of time stated in that agreement. If the landlord is not given the proper notice he could charge you more rent.

What can you expect from the landlord?

After vacating your rental, the landlord has 15 days to give you your security deposit refund in Florida if he does not intend to impose any claim on it along with any interest. If the landlord is going to impose a claim on your security deposit, he has 30 days to give a written notice by certified mail to your last known mailing address explaining that he is imposing a claim for damages in the amount being withheld and the reason for it. You will have 15 days to object in writing to this deduction if you do not feel it is right. You must send your objection to the landlord’s address which will be included in the notice of intention to impose a claim for damages. If you do not object within the 15 days, he can withhold the amount stated and is required to send you the balance of the deposit within 30 days after the date of the notice of intention to impose a claim for damages.

If the landlord fails to give the required notice within the 30 day period, he or she forfeits the right to impose a claim upon the security deposit and needs to return all your security deposit along with interest to you.

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