A Florida landlord may assert claims supported by the rental agreement and Florida law, but keeping deposit money also requires the section 83.49 notice process.
The practical test is simple: was the claim timely, clearly explained, allowed, and supported by evidence?
Common disputes
- Unpaid rent or another amount actually due
- Tenant-caused damage beyond ordinary use
- Cleaning or repair charges without adequate proof
- Routine turnover presented as tenant damage
- Pre-existing conditions
- Inflated replacement charges for older items
- Charges that do not match the rental agreement or the reason in the claim notice
Florida's fee-in-lieu statute expressly refers to damage beyond normal wear and tear, but a fee paid under section 83.491 is not a security deposit. Confirm which type of payment you made before using the deposit rules.
Check the notice before the charge
A landlord intending to keep deposit money generally must provide written notice within 30 days after termination. If the notice is late or missing, the landlord loses the right to impose the claim against the deposit as a setoff, though a separate damages action may remain possible after the deposit is returned.
If a claim arrives and you disagree, object in writing within 15 days after receipt. Address each charge briefly and request the disputed balance.
Ask for proof that answers the issue
Useful proof can include move-in and move-out photos, invoices, estimates, receipts, maintenance records, the age of the item, rent ledgers, and the relevant rental-agreement term.
Compare that material with your own evidence file and normal wear guide.
Want the shorter path?
The state-specific Recovery System lays out what to do and gives you the send-ready Recovery Letters. You complete everything privately on your own device and move forward.
Get the Deposit Recovery System
Important: This page provides general information and is not legal advice.