Renter Rights: Returning Security Deposits (VIDEO)

Hi, my name is John Lawless, staff attorney with Bay Area Legal Services’ Disaster Relief Team and the Florida Disaster Legal Aid Helpline. I’m here to discuss some simple steps anyone can take to avoid common issues while recovering from disaster.

Today, we’re here to talk about security deposits. Our discussion will be about renters in Florida, so if you are watching this from elsewhere please remember that these rules can change significantly from state to state.

There’s a lot to say about security deposits, but today we’re just going to concentrate on what happens when a lease ends and it’s time for the security deposit to be returned.

After a lease ends or is terminated, the landlord has to act quickly if they hold a security deposit. If they don’t intend to make a claim at all, they have to return the deposit within 15 days. If they do intend to make a claim, they have to send a specific notice within 30 days.

The notice has to inform the tenant that a claim is being made, the amount of the claim, and the specific items the claim is being made for. The notice also has to be sent by certified mail to the tenant’s last known mailing address. This is why it is a good idea to let your landlord know where you’ll be.

The notice should also have some specific language. If you want to see the requirements, you can look up Section 83.49, Florida Statutes. The required language is written in the statute.
Now, let’s take a look at how this might work. Jason, I understand you have a tenant who recently terminated a lease.

Jason, have you thought about how you’re going to handle his security deposit?

I can see you’re eager to get started. Let’s see if we can move things along for Jason, with a little help from our friend he Chronomancer.

Thanks for joining us, The Chronomancer. Jason has 15 days to return his tenant’s security deposit if he’s not making a claim. To get things going, please advance time by 15 days.

Jason, have you returned your tenant’s security deposit?

I guess Jason intends to make a claim on the security deposit. As a tenant, you technically have a right to the deposit immediately now if there’s no claim being made. We don’t know if there will be one yet though, so let’s wait until 30 days have passed. Chronomancer, please advance time by another 15 days.

It has now been 30 days since Jason’s tenant terminated the lease. Jason, have you prepared a claim and sent it to your tenant via certified mail?

It looks like Jason hasn’t prepared a claim. It’s not too late though. It is still the 30th day, so Jason can get one out today.

Jason is getting to work. Let’s see what he does.

He’s on the move.

Jason’s notice looks like it’s missing a few things. First, it doesn’t seem to have been sent by certified mail. Second, it seems to be missing some specific information about the amount being claimed and why. This doesn’t look much like the language in the statute. Third, he doesn’t mention a 15 day period for the tenant to object.

If you receive a notice of claim on your deposit, you have 15 days to write back and object. If you do, the landlord cannot deduct anything from the deposit.

Be careful to only object if you do not agree though – if the landlord is deducting for actual damage, they can sue and get both the amount owed and their costs and attorney fees. The same goes for the tenant if they win, though.

Even if you miss the 15 days to respond though, you can still sue to recover any amounts that were improperly claimed. You just can’t stop the landlord from taking it out of the deposit first.

If you receive any notice from your landlord about your deposit, or if you have waited more than 30 days and received nothing, you can always call your local legal aid office to see if you can get a consultation.

It looks like Jason’s tenant is doing just that. Let’s see what happens.

You’re in a lot of trouble, buddy.

It looks like Jason is in a lot of trouble. His tenant is suing him over the deposit.

Now, if you and your family keep these tips in mind, you’ll be a lot more resilient in the aftermath of disaster, and a lot less like Jason.

We appreciate you taking the time to listen. For more information on what to do in the wake of a disaster, please visit the following resources.