Florida Tenant Rights: Security Deposits and Repairs

Florida is generally considered a landlord-friendly state, but tenants still have important legal protections under Florida Statutes Chapter 83, the Florida Residential Landlord and Tenant Act. Understanding these rights can mean the difference between losing your security deposit and getting every penny back.

With over 7 million renter households in Florida according to the U.S. Census Bureau, disputes over security deposits and repairs are among the most common tenant issues. This guide covers everything Florida tenants need to know about their legal rights.

Security Deposit Rules in Florida

Florida's security deposit law is more detailed than most states, with specific requirements for how landlords must hold and return deposits. Landlords who fail to follow these rules may forfeit their right to make any deductions.

Deposit Storage Requirements

Florida is one of the few states with mandatory security deposit storage rules. Landlords must choose one of three options:

• Separate non-interest-bearing account: The deposit is held in a Florida banking institution solely for security deposits
• Interest-bearing account: The landlord must pay the tenant 5% simple interest per year or 75% of the annualized average interest rate, whichever is less
• Surety bond: The landlord posts a surety bond with the clerk of the circuit court for the total amount of deposits held, plus an additional $500

Within 30 days of receiving your deposit, the landlord must notify you in writing which option they've chosen. This notice must include the name and address of the financial institution.

Return Deadlines

Florida has a two-tier deadline system that's strictly enforced:

• 15 days: If the landlord has no claim against the deposit, they must return the full amount within 15 days of you vacating and providing a forwarding address
• 30 days: If the landlord intends to make deductions, they must send written notice of the claim within 30 days

The 30-Day Notice Requirement

This is critical: if a landlord fails to send the required notice within 30 days, they forfeit the right to make any deductions. The notice must include specific language mandated by Florida Statute 83.49(3):

• Be sent by certified mail to your last known mailing address
• Include the landlord's intent to impose a claim on the deposit
• Describe the nature and amount of each claimed deduction
• Include the following statement: "This is a notice of my intention to impose a claim for damages in the amount of $[amount] upon your security deposit. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to [landlord's address]."

Your Right to Object

After receiving the landlord's claim notice, you have 15 days to object in writing. Your objection should:

• Be sent via certified mail with return receipt requested
• State clearly that you dispute the claimed deductions
• Explain why you believe the charges are improper
• Include any evidence you have (photos, move-in checklist, etc.)

If you don't object within 15 days, the landlord can deduct the claimed amount without further notice. If you do object, the landlord must either return the disputed portion or file a lawsuit to recover it.

Normal Wear and Tear

Florida law, like all states, prohibits landlords from charging for normal wear and tear. The Florida Bar provides guidance on distinguishing wear and tear from damage. Examples of normal wear and tear include:

• Minor scuffs on walls from normal living
• Carpet wear in high-traffic areas
• Faded paint or wallpaper
• Minor marks from hanging pictures
• Worn appliance finishes from normal use

Repair Rights in Florida

Florida Statute 83.51 outlines landlord obligations for maintaining rental properties. Understanding these requirements helps you hold landlords accountable.

Landlord Obligations Under Florida Law

Florida landlords must maintain:

• Structural components: Roof, walls, floors, stairs, railings, and foundation must be in good repair
• Plumbing: All plumbing must be in good working order, including toilets, sinks, and drains
• Hot and cold running water: Both must be provided throughout the tenancy
• Heat: Heating must be available during winter months (though AC is not required unless specifically promised)
• Reasonable pest control: Landlords must address infestations, especially in multi-unit buildings
• Smoke detectors: Must be present and functional at move-in
• Locks and security devices: All exterior doors and windows must have working locks
• Garbage removal: In buildings with four or more units, landlords must provide garbage service
• Common areas: Must be kept clean and safe

The Seven-Day Notice Procedure

Before withholding rent or taking other action, Florida tenants must give landlords written notice under Florida Statute 83.56. This notice should:

• Specifically describe the repair needed
• State that the landlord has seven days to make the repair
• Indicate that you intend to terminate the lease if repairs aren't made
• Be sent via certified mail with return receipt requested

For repairs that aren't emergencies, give the landlord a reasonable time to arrange for contractors. However, if the condition is dangerous or makes the property uninhabitable, document everything immediately.

Tenant Remedies for Repair Failures

If repairs aren't made after proper notice, Florida tenants have several options:

• Terminate the lease: If the condition is material, you can end your lease after giving seven days' notice
• Withhold rent: Florida allows rent withholding for serious habitability issues, but you should deposit the rent in a separate account and be prepared for court
• Repair and deduct: In limited circumstances, you may make repairs and deduct from rent, but this is risky without clear legal authority
• Sue for damages: You can sue for the reduction in rental value and any damages caused by the landlord's failure to maintain

Illegal Landlord Actions in Florida

Florida Statute 83.67 prohibits "self-help" evictions. Landlords may NOT:

• Change locks without a court order
• Remove doors, windows, or appliances
• Shut off utilities (even if in the landlord's name)
• Remove tenant's belongings from the property
• Harass tenants to force them to leave
• Enter the property without proper notice (24 hours required)

If your landlord engages in these illegal "self-help" eviction tactics, you can recover actual damages or three months' rent, whichever is greater, plus attorney fees under Florida Statute 83.67. This is one of the strongest tenant protections in Florida law.

Lease Termination Rules

Breaking a Lease Early

Florida tenants may legally break a lease early in these situations:

• Military deployment: Under the federal Servicemembers Civil Relief Act
• Landlord harassment or illegal entry: Repeated violations of your privacy rights
• Uninhabitable conditions: After proper notice under Florida Statute 83.56
• Domestic violence: Florida Statute 83.682 allows victims to terminate early with documentation

Landlord's Duty to Mitigate

Unlike some states, Florida does NOT require landlords to mitigate damages by actively seeking a new tenant. If you break your lease, you may be liable for rent until the lease ends or until the landlord re-rents, whichever comes first.

Florida Small Claims Court for Deposit Disputes

For security deposit disputes, Florida's county courts handle small claims:

• Claim limit: $8,000 maximum
• Filing fees: $55-$300 depending on the amount claimed
• Where to file: County where the rental property is located
• Representation: Attorneys are allowed but not required
• Timeline: Cases typically heard within 30-60 days

You can find filing information through the Florida Courts website or your county clerk's office.

Building Your Case for Security Deposit Recovery

To maximize your chances of recovering your deposit in Florida:

1. Document everything at move-in: Take date-stamped photos and video of every room, focusing on any existing damage
2. Request a written move-in checklist: Many landlords provide these; if not, create your own and send a copy to the landlord
3. Document at move-out: Take the same photos and video before you leave
4. Request a walk-through inspection: Ask in writing for the landlord to inspect with you present
5. Provide your forwarding address in writing: Send it via certified mail to protect your rights
6. Track the 15/30-day deadlines carefully: Mark your calendar from the day you vacate
7. Object in writing within 15 days: If you receive a claim notice, respond promptly via certified mail
8. Keep copies of everything: All correspondence, receipts, and documentation

Frequently Asked Questions

Can my landlord keep my deposit for unpaid rent?

Yes, but only after following the proper 30-day notice procedure under Florida Statute 83.49. The landlord must itemize the unpaid rent separately from any damage claims.

What if my landlord sold the property?

The new owner assumes responsibility for your security deposit. Florida Statute 83.49(7) requires landlords to transfer deposits to the new owner and notify tenants of the change.

Is there a limit on how much landlords can charge for a security deposit?

No. Florida does not limit security deposit amounts. However, whatever is collected must be properly stored and returned according to the statutory requirements.

Can I use my security deposit as last month's rent?

Not unless your landlord agrees in writing. If you withhold rent claiming the deposit covers it, you may face eviction for nonpayment.

What if my landlord doesn't give me the required storage notice?

While failure to provide the notice is a violation, it doesn't automatically mean you get your deposit back. However, it strengthens your case in court and may indicate the landlord isn't following other requirements either.

How do I find free legal help for tenant issues in Florida?

Contact The Florida Bar Lawyer Referral Service or local legal aid organizations like Florida Legal Services for assistance with tenant rights issues.