When a Landlord does not intend to make a claim on the Tenant’s security deposit, Florida Law requires Landlords to return security deposits with interest (if applicable) within 15 calendar days after the Tenant vacates the premises.

An problematic issue arises when the Tenant does not provide the Landlord with the new mailing address. Also, there is potential exposure to liability when there are multiple tenants and the rental agreement is silent of the issue of to whom the security deposit should be refunded to.

It is advisable for Landlords to seek the advice of a Landlord / Tenant Attorney regarding the refund of the Tenant’s Security Deposit.

If you have any questions about refunding a Tenant’s security deposit for your Florida rental property, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Florida Law governs the process in which a Landlord can retain a portion (or all) of the Tenant’s Security Deposit.

In order to keep a portion (or all) of the Tenant’s Security Deposit, the Landlord must first properly issue a “Notice of Intent to Impose a Claim on the Security Deposit” to the Tenant in a timely manner. Florida law requires that the language of the form be substantially similar to the language contained in Section 83.49(3)(a), Florida Statutes. Furthermore, the Landlord must give the notice by certified mail within 30 days after the Tenant vacates the premises.

If the Tenant does not object to the Landlord’s intent to impose a claim on the security deposit, then the Landlord may deduct the amount of the claim and refund the balance (if any) to the Tenant within 30 days of mailing the “Notice of Intent to Impose a Claim on the Security Deposit.”

Problematic issues arise in determining what the Landlord can deduct from the Tenant’s Security Deposit. For instance, an issue is whether the Landlord can deduct legal fees incurred even though an action was never filed.

If you have any questions about imposing a claim on a Tenant’s Security Deposit, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney