Tenants, Protect Your Security Deposits!

We have talked before about what to do when a .

But what about that security deposit when you leave at the end of a lease?

Today’s column is about a principle of Florida landlord-tenant law that I find to be less well-known: I call it the “Fifteen-and-Thirty Day Rule.”

Put simply, if you vacate your rental property upon termination of the lease, the landlord has 15 days to return your security deposit unless, within 30 days of you leaving, the landlord gives you written notice by certified mail to your last known address of why they intend to keep the deposit. 

I’ll use an extreme and ridiculous example to make the point. Even if you demolish the rental property, if the landlord does not send you a notice within 30 days, they cannot keep your security deposit. (Of course, you should not demolish anything; your landlord could sue you or have you arrested if you did. Nonetheless, if they forgot to send you the 30-day notice, they can’t keep your deposit.)

Importantly, there are certain things you should do throughout your lease to preserve your security deposit. This begins before you even sign your lease. Don’t just sign it; take it home and read it. Ask questions. Are you supposed to steam clean the carpet or paint the walls? Fill nail holes? Can you handle these responsibilities? Can you have a dog? 

After you sign the lease—and before you move in a single box—examine the property inch by inch. Is paint chipped? Is the wall scratched? Do the sliding doors slide well? Is there a burn mark on the counter? Is the carpet ragged?

Write down every single item like this, date it, sign it, keep a copy and give the original to the landlord. This list will help protect you from being held accountable for a previous tenant’s damages. 

While you live there, don’t trash the place. 

When you leave, read your lease again. Fill those nail holes if you have to. Don’t leave your garbage behind. Clean. And, with an empty property and time to spare, bring your landlord in to inspect.

Ask: Is there anything you have neglected to do to ensure return of 100 percent of your security deposit? If yes, do it if the lease says so. If not, ask the landlord to commit in writing to the return of your deposit. They may not commit right then, but it can’t hurt to try. Give the landlord a dated and signed letter providing your new address, and keep a copy.

If you believe your landlord has failed to adhere to the rules concerning your security deposit, you should consult with an experienced  in landlord-tenant law to determine your rights given your specific facts.

Should you prevail in a lawsuit concerning your security deposit, you may be entitled to an award of attorneys’ fees and court costs, even if your lease says that only the landlord can win such fees and costs. (Such language is overridden by Florida law, which provides that any prevailing party attorneys’ fees provision is equally applicable to all parties to a contract.)