Security deposits in Florida: the clock starts the day the tenant leaves

Florida sets out how a residential security deposit is held, what has to be disclosed to the tenant, and what happens at the end of the tenancy. The part that costs landlords money is the end. If the landlord intends to make a claim against the deposit, they must send written notice by certified mail to the tenant's last known address, within a set number of days after the tenant vacates, stating the amount and the reason. A landlord who does not send that notice in time forfeits the right to keep any of it and can be liable for the tenant's attorney fees. If no claim is being made, the deposit is returned within a different, longer window. Two operational details follow. Get a forwarding address at move-out, in writing, and send the notice to the last known address regardless — the statute contemplates that the tenant may have provided none. And document condition with dated photographs at move-in and move-out, because the notice has to state a reason and "the unit was dirty" is not a reason that survives a dispute. Normal wear and tear is not chargeable. Carpet at the end of its life, paint at the end of its cycle and minor marks are the cost of renting property. Damage beyond that is. Landlords also have disclosure obligations at the start of the tenancy about where the deposit is held and whether interest is paid. A lease template downloaded from elsewhere may not contain them. This article is general information, not legal, tax or financial advice. Rules change and every deal is different — check your own case with a licensed professional. Alberto Zaltzberg — Adonait · adonait.com