The Truth about Security Deposits


If you are a Florida landlord who is considering making some evictions, it is important to understand all of the rules about security deposits that exist in our state, and also what specific laws might be ruling in the city where your rental property is located.

When considering evictions due to unpaid rent, Florida landlords may be able to take money from the security deposit to cover the missing rent or to cover damage to the property if it is over and above what is considered normal wear and tear. Also, your specific lease agreement might stipulate other violations that would make it legal for a landlord to take money from the security deposit.

Knowledgeable real estate attorneys, such as those from Reinfeld & Cabrera, P.A., will be able to explain to you that if you are considering evictions, and taking money from a tenant’s security deposit, you will need to notify the tenant by certified mail to their forwarding address, that money will be taken from the security deposit. A landlord is required to state how much of the security deposit will be kept, and the reasons why it is not being returned. Landlords have 30 days to file this claim on a security deposit. If the landlord does not intend to file a claim on the security deposit, they have 15 days to return the security deposit with interest.

From when the former tenant receives the certified mail, the tenants who have just gone through the evictions, will have 15 days to contest the notice in writing. If the former tenants contest the notice of retaining the security deposit, the matter could go to court. This is why it is important to have real estate attorneys working with you to protect your interests in these types of situations.

If the tenants who have faced evictions do not object to your claim of taking money from the security deposit, then you can deduct the necessary amount and return the remainder, if there is any, to the former tenant.

Real estate law can be complex and you want to make sure you are protected when you are dealing with rental properties. Reinfeld & Cabrera, P.A. can help you with drawing up lease agreements, evictions, security deposit matters, and other issues. We will provide informative advice and excellent representation to help you in all matters connected to real estate.