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48
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34
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John Walbridge
  • Property Manager
  • Maitland, FL
34
Votes |
48
Posts

Miss this deadline and Florida law says you forfeit the entire deposit, not just part

John Walbridge
  • Property Manager
  • Maitland, FL
Posted

Most new landlords think the security deposit is theirs to sort out on their own timeline. It isn't. Florida Statute 83.49 puts you on a strict clock and if you miss it, you don't lose the right to deduct for damage, you lose the right to keep anything, full stop, even if the tenant trashed the place.

Here's the actual structure. If you're not making any claim against the deposit, you have 15 days after the tenant vacates to return it in full. If you are making a claim, you have 30 days to send written notice of intent by certified mail, and it has to be certified mail specifically, regular mail or a text doesn't satisfy the statute. Miss that 30-day window and the deposit reverts to the tenant regardless of what damage actually happened.

The part people miss most: the 30-day clock starts the day the tenant vacates, not the day you finish the walkthrough, not the day you get a contractor quote for the damage. If you're waiting on repair estimates before sending notice, you're burning days you don't have.

Tenant then gets 15 days to object once they receive your notice. If they don't, you're clear to deduct. If they do, it can go to a dispute.

Curious how many people here have actually gotten burned by the 30-day window. Anyone lost a legitimate damage claim purely because the notice went out late or wasn't certified?

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