Florida law strictly regulates rental agreements and security deposits under Chapter 83. Landlords must hold security deposits separately and follow procedures for imposing claims or returning deposits. If a landlord fails to follow these procedures, they forfeit the right to withhold any portion of the deposit. The actual rental agreement determines tenant and landlord rights, but tenants can consult an attorney if they have disputes over terms. Attorneys' fees can be recovered in any legal action regarding the rental agreement or security deposit.

2. • In Florida, rental agreements are regulated by Chapter 83 of the
Florida Statutes.
– Areas of regulation include:
• Security Deposit
• Attorneys Fees/Costs
• Required Terms of the Lease
• Termination of Rental Leases
• Conditions of Habitability
• Retaliatory Conduct of the Landlord
• Prohibited Lease Provisions

3. • Generally speaking, the actual terms of your rental agreement will
determine the rights and duties of you and your landlord.
• If you have a dispute with your landlord regarding any terms or
conditions of your contract, you should speak with a licensed Florida
attorney about your legal rights and options.

4. If your landlord has withheld a security deposit during your tenancy, the
following regulations must be followed or your landlord forfeits their right to
keep that money.
Don’t forget, the security deposit is YOUR MONEY, the landlord is simply
holding that money “in escrow” until the termination of your lease.
The following are legal requirements in Florida surrounding your landlord
taking/return a security deposit:

5. • Landlord may not co-mingle security deposit with other monies; must be
in separate account.
• Landlord may not spend/replace the money; it must go untouched until
they have a legitimate claim
• Landlord must notify tenant in writing of the manner in which security
deposit is being held within 30 days of receipt
• Must be given in person or via mail
• Must state the location of the money (name and address)
• Must include copy of subsection 3 of Florida Statute 83.49, or
something substantially similar stating:

6. • Upon tenant vacating premises b/c lease was terminated, landlord must return
security deposit w/in 15 days if NOT imposing a claim, OR provide written notice
of claim w/in 30 days.
– If imposing claim, written notice must:
• Be send via certified mail to tenants last known mailing address
• Include statement substantially similar to: “This is a notice of my intention to impose a claim
for damages in the amount of upon your security deposit, due to . 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).”
– Failure to provide notice within 30 days = landlord forfeits right to impose a
claim
• Landlord has no duty to provide such notice if the tenant vacates the property in
violation of the lease and doesn’t give written notice (certified mail or hand
delivery) at least 7 days in advance, including the address where tenant can be
reached.

7. • Upon receipt of landlords written notice of intent to impose claim, tenant
must object in writing within 15 days if there is a dispute
• If tenant does not dispute landlord’s intent to impose a claim, landlord has
30 days to return any balance that may be owed.
• Landlord MAY NOT withhold any security deposit amounts for alleged
damages caused by “normal wear and tear” unless specifically permitted
in the Lease. “Normal wear and tear” may include:

8. • Under Florida Statute Section 83.48:
“In any civil action brought to enforce the provisions of the rental
agreement or this part, the party in whose favor a judgment or decree has
been rendered may recover reasonable court costs, including attorney’s
fees, from the nonprevailing party.”

9. • Fading, peeling, or cracked paint
• Slightly torn or faded wallpaper
• Small chips in plaster
• Nail holes, pin holes, or cracks in wall
• Door sticking from humidity
• Cracked window pane from faulty foundation or building settling
• Floors needing coat of varnish
• Carpet faded or worn thin from walking
• Loose grouting and bathroom tiles
• Worn or scratched enamel in old bathtubs, sinks, or toilets
• Rusty shower rod
• Partially clogged sinks caused by aging pipes
• Dirty or faded lamp or window shades

10. Every rental contract is unique, and contains its own rules, conditions, duties,
and rights which may or may not be enforceable under Florida Law. If you
have a concern that you are being wrongfully evicted, your landlord is
violating your lease agreement, your landlord is failing to make necessary
repairs/maintenance, or your security deposit is being improperly withheld,
speak with an attorney immediately about your rights; then YOU will have the
power!