If your landlord has kept your security deposit or made deductions you believe are wrong, you probably have a lot of questions. Here are answers to the most common ones we hear from Florida tenants. If your situation is not covered here, call us at (561) 228-6200 for a free consultation.



We handle security deposit cases on a pure contingency basis — you pay nothing unless we recover money for you.

How much can a landlord charge for a security deposit in Florida?

Florida law does not cap the amount a landlord can charge. However, whatever amount is charged must be held and returned according to strict legal rules.

How must a landlord hold my security deposit?

Your landlord must hold your deposit in a separate Florida bank account (interest-bearing or non-interest-bearing) or post a surety bond. Within 30 days of receiving your deposit, they must notify you in writing of the method being used and the name and address of the financial institution.

Can my landlord use my security deposit while I am still living there?

No. Your security deposit must be held separately and cannot be commingled with your landlord's personal funds or used for other purposes while your tenancy is active.

How long does my landlord have to return my security deposit in Florida?

If your landlord does not intend to make any deductions, they must return your deposit within 15 days of you vacating. If they intend to make deductions, they must send written notice by certified mail within 30 days itemizing those deductions. For a full explanation, see: Florida Security Deposit Guide for Tenants.

What happens if my landlord misses the 30-day deadline?

If your landlord fails to send written notice of deductions by certified mail within 30 days of you vacating, Florida law says they forfeit their right to make any deductions at all. They must return your full deposit.

My landlord sent notice but it was not by certified mail. Does that count?

No. Florida law specifically requires the notice to be sent by certified mail. A regular letter, email, text, or verbal notice does not satisfy this requirement. Your landlord may have forfeited their right to make deductions.

I gave my landlord a forwarding address. Does that affect the deadline?

Yes. You are required to provide your landlord with a forwarding address after vacating. The 15 and 30 day deadlines run from the date you vacated or the date you provided your forwarding address, whichever is later.

What can my landlord legally deduct from my security deposit?

Landlords can deduct for unpaid rent, damage beyond normal wear and tear, excessive cleaning costs, and other costs specifically allowed by your lease. For a detailed breakdown, see: What Can a Landlord Deduct From Your Security Deposit in Florida?.

What is normal wear and tear?

Normal wear and tear is the ordinary deterioration that comes from living in a property — minor scuffs on walls, small nail holes, worn carpet in high-traffic areas, faded paint. Landlords cannot charge you for these. They can only charge for damage that goes beyond ordinary use.

Can my landlord charge me for repainting?

Generally no. Repainting is typically considered normal wear and tear unless you caused specific damage to the walls such as large holes, significant staining, or unauthorized paint colors.

Can my landlord charge me for full carpet replacement?

Only if the damage goes beyond normal wear and tear and only for the remaining useful life of the carpet — not the full cost of new carpet. If the carpet was already old or worn when you moved in, the deduction should reflect that.

My landlord charged me for things that were already broken when I moved in. What can I do?

A landlord cannot charge you for pre-existing damage. This is why documenting the unit's condition when you move in is so important. If you have photos or video from move-in day showing the pre-existing condition, that is strong evidence against improper charges.

How do I object to deductions from my security deposit?

If you received a notice of deductions and believe some or all of them are improper, you must object in writing within 15 days of receiving the notice. Send your objection by certified mail and specify which deductions you are disputing and why. For guidance on writing an effective letter, see: Florida Security Deposit Demand Letter Guide.

What happens after I object?

After you object, your landlord has the option of returning the disputed funds or pursuing a claim in court. If they do not resolve the dispute, you may need to file a lawsuit to recover the money.

Can I accept part of the deposit and still sue for the rest?

Be careful before accepting any partial payment. Accepting a partial payment under certain circumstances could affect your ability to recover the remainder. Consult an attorney before accepting anything less than the full amount you believe you are owed.

Can I sue my landlord for keeping my security deposit?

Yes. If your landlord wrongfully withheld your security deposit, you may sue for the amount withheld, additional damages in some circumstances, and attorney's fees. For step-by-step guidance, see: What to Do If Your Landlord Keeps Your Security Deposit in Florida.

Do I need an attorney to sue for my security deposit?

You are not required to have an attorney. However, having one significantly increases your chances of recovery. At Korte and Associates, we handle these cases on pure contingency — you pay nothing unless we recover money for you.

Can I recover attorney's fees if I win?

Yes. Florida law allows tenants to recover attorney's fees from a landlord who wrongfully withholds a security deposit. This is one of the strongest tenant protections in Florida security deposit law.

How long do I have to sue for my security deposit?

Florida statutes of limitations apply. Do not wait. The sooner you contact an attorney, the more options you have.

Is it worth suing over a small deposit?

Because Florida law allows recovery of attorney's fees, even smaller claims can be worth pursuing. Contact us for a free evaluation and we will give you an honest assessment.

How does contingency fee work for security deposit cases?

Pure contingency means we only get paid if we recover money for you. There is no upfront retainer, no hourly billing, and no fee if we do not win. Our fee comes as a percentage of the amount recovered.

How do I get started?

Call us at (561) 228-6200 or visit kortepa.com/free-case-evaluation to submit your information for a free case evaluation. We will review the facts and tell you whether you have a viable claim.

Questions about your security deposit? Call Korte & Associates: (561) 228-6200. Pure contingency — you pay nothing unless we recover money for you.