Florida Security Deposit Deductions
In Florida, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Florida record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | Fla. Stat. § 83.49 does not list permitted deduction categories. The tenant must keep the occupied premises clean and sanitary (§ 83.52(2)). A landlord may impose a claim on the deposit for damages and must state the reason; there is no statute that independently authorizes a standard turnover-cleaning charge. 'Beyond normal wear and tear' appears in the fee-in-lieu statute, not as a deposit-cleaning rule. (Fla. Stat. §§ 83.49(3), 83.52(2)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No statute specifically addresses carpet replacement or useful life. A landlord may claim against the deposit for damages and must state the reason. Tenant may not destroy, deface, damage, impair, or remove any part of the premises. No statutory useful-life schedule. (Fla. Stat. §§ 83.49(3), 83.52(6)) |
| Painting | Conditional | No painting-specific statute. Deductions are a 'claim for damages' under § 83.49(3); tenant must not destroy, deface, or damage the premises. Ordinary wear and tear is not defined for deposits. (Fla. Stat. §§ 83.49(3), 83.52(6)) |
| Nail holes and wall damage | Conditional | No statute specifically addresses nail holes. Tenant shall not destroy, deface, damage, impair, or remove any part of the premises. Whether small picture-hanger holes are 'damage' is not answered by statute. (Fla. Stat. § 83.52(6)) |
| Pet damage | Yes | Tenant shall not destroy, deface, damage, impair, or remove any part of the premises nor permit any person to do so. Fee-in-lieu statute treats 'costs required for repairing damage to the premises beyond normal wear and tear' as a tenant obligation. No pet-specific deposit statute. (Fla. Stat. §§ 83.52(6), 83.491(2)(a)) |
| Unpaid rent and fees | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c)). (Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | If no claim will be imposed, the deposit (plus interest if required) must be returned within 15 days after termination of the rental agreement. If a claim will be imposed, written notice of intention to impose a claim, the amount, and the reason is due within 30 days after termination, by certified mail or permitted e-mail. Receipts are not required. Failure to give the 30-day notice forfeits the right to impose a claim on the deposit (landlord may still sue after returning the deposit). |
| Citation | Fla. Stat. § 83.49(3)(a) - (b) |
Burden of proof
No statutory burden-of-proof allocation for the lawfulness of a deposit deduction. If the landlord misses the 30-day claim notice, the landlord forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit. Fla. Stat. § 83.49(3)(a).
Statute says
If the landlord intends to impose a claim on the deposit, the landlord must, within 30 days after the termination of the rental agreement, provide the tenant written notice ... of his or her intention to impose a claim
What this means
Source accessed: .
If it was deducted anyway
Use the Florida demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Florida template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Florida law (Fla. Stat. § 83.49), a landlord must return the deposit or respond in writing within [15 days / 30 days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in Florida?
Only the uses in the supplied Florida record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Florida landlord have to itemize deductions?
Yes. If no claim will be imposed, the deposit (plus interest if required) must be returned within 15 days after termination of the rental agreement. If a claim will be imposed, written notice of intention to impose a claim, the amount, and the reason is due within 30 days after termination, by certified mail or permitted e-mail. Receipts are not required. Failure to give the 30-day notice forfeits the right to impose a claim on the deposit (landlord may still sue after returning the deposit).
Who has the burden of proof for a Florida deduction?
No statutory burden-of-proof allocation for the lawfulness of a deposit deduction. If the landlord misses the 30-day claim notice, the landlord forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit. Fla. Stat. § 83.49(3)(a).