What are the requirements for landlords to return security deposits in Florida, and how long do they have to do so?
Florida law requires landlords to return security deposits within 15 days if there are no deductions made from the deposit. If there are deductions made, the landlord must return the remainder of the deposit and provide a written notice detailing the deductions within 30 days. The notice must also include a statement of the tenant's right to object to the deductions and the procedure for doing so.
Landlords are required to return the security deposit to the tenant's last known address. If the tenant fails to provide the landlord with a forwarding address, the landlord must make a good faith effort to find the tenant and return the deposit.
There are some potential limitations and exceptions to these requirements. For example, landlords may be allowed to deduct unpaid rent, damages beyond normal wear and tear, and other costs allowed by the rental agreement from the security deposit. However, the amount deducted must be reasonable and supported by evidence.
If a landlord fails to return a security deposit within the required timeframe, the tenant may be able to sue for the return of the deposit, plus any additional damages. Tenants may also be entitled to additional damages if the landlord acted in bad faith in withholding the deposit.
To protect themselves, tenants should document the condition of the rental unit upon moving in and moving out, and should keep a copy of the rental agreement and any receipts for payments, repairs, or cleaning. If a tenant has concerns about the return of their security deposit, they should contact a licensed attorney for advice.