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SECURITY DEPOSITS FOR LEASES IN FLORIDA 

 

Security Deposit Dispute Lawyer in Miami - Fort Lauderdale Landlord Tenant Dispute Over Security Deposit

 

Having trouble getting your security deposit back from your landlord in South Florida? Call us for a free consultation at 800-337-7755 or submit your information online. Security Deposit Return Miami Lawyer

 

What happens to my security deposit in Florida and what is my landlord supposed to do with it?

Florida Statute 83.49 generally controls what happens with your security deposit and what your landlord's obligations are. 

(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either:

(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or
(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord’s agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.
 

Your landlord must notify you within 30 days of getting your security deposit how he or she will hold the money, and what interest if any you may get on the money

Florida law says that the landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution.
(c) Include a copy of the provisions of subsection (3).
Subsequent to providing such notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when due.
 
Once I vacate my apartment or house in Florida I am renting, how long does my landlord have to make a claim on my security deposit?

Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.
 
If my landlord does make a claim on my security deposit, is there a required way he has to do so?

Yes. Florida law says that the notice shall contain a statement in substantially the following form:
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)  .
 
What happens if my landlord in Florida doesn't have the specific notice language in his claim on my security deposit?

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
 
Once my Florida landlord makes a claim to my security deposit and sends the required notice, can I dispute this?

Florida law says that unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
 
If my landlord tries to make a claim on my security deposit and I don't agree, how can I afford to fight him?

If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. This means that if you win, your landlord has to pay our attorneys' fees and costs, in addition to returning all or part of your security deposit.
 
Please keep in mind that the law is constantly changing. The statements herein are for GENERAL INFORMATION ONLY AND SHALL NOT CONSTITUTE LEGAL ADVICE. To find out the current law, contact us at 800-337-7755 for a free consultation.

 

Miami Landlord-Tenant Lawyer - Fort Lauderdale Lease Agreement Attorney

Jason Turchin and the Law Offices of Jason Turchin handles security deposit dispute matters throughout Miami-Dade County, Broward County and Palm Beach County.

Call us for a free consultation

Your initial consultation is free, so call today for help with your Miami security deposit dispute, Broward landlord tenant deposit issue, or Palm Beach lawsuit against your landlord for not returning your security deposit.

 

 

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