In short: a Florida landlord can deduct unpaid rent, the cost of damage beyond normal wear and tear, and other money you owe under the lease, such as cleaning a home left dirty. Each deduction has to be listed with its reason in a written notice sent within 30 days of you moving out.
What can usually be deducted
| Deduction | When it applies |
|---|---|
| Unpaid rent | Rent owed up to the end of the tenancy, including rent owed if you move out early |
| Damage | Harm beyond normal wear and tear, such as holes in walls, burns, pet damage or broken fixtures |
| Cleaning | The reasonable cost of cleaning a home left dirtier than when you moved in |
| Early termination fee | Only if you signed a separate addendum agreeing to it. It cannot be more than two months' rent |
| Keys, fobs and remotes | Replacing anything not returned, and changing the locks if keys are missing |
| Items left behind | Removing furniture, trash or belongings you left in the home |
| Other charges in the lease | Unpaid utilities or late fees the lease makes you responsible for |
Typical examples, not a complete list. What applies to you depends on your lease and the condition of the home when you moved in.
What should not be deducted
- Normal wear and tear. Faded paint, carpet worn by walking and a few small nail holes. See wear and tear or damage for examples room by room
- Anything already there when you moved in. Your move in photos or inspection form are the proof
- Routine work between tenants. Repainting walls that have simply aged, or a standard clean the landlord does whatever the condition
- Upgrades. Replacing old carpet with new flooring, or fixtures with better ones
- The price of new for something old. A charge for damage to an old item, such as a carpet near the end of its life, should reflect its age
How a deduction has to be made
- If the landlord is keeping nothing, the full deposit is due back within 15 days of you moving out
- To deduct anything, the landlord must send written notice within 30 days, by certified mail or by email if you both signed an email notice addendum, giving the amount and the reason for each claim
- You have 15 days from receiving the notice to object in writing
- A landlord who misses the 30 day notice loses the right to claim against the deposit
If you disagree with a deduction, see how to dispute a deposit deduction in Florida.
Can a landlord charge more than the deposit?
Yes. The deposit is not a limit on what you owe. If unpaid rent or damage costs more than the deposit, the landlord can sue for the difference, usually in small claims court for amounts up to $8,000.
Pet deposits and pet fees
A pet deposit held as security is part of your deposit and follows the same rules. A pet fee the lease says is nonrefundable is a charge rather than a deposit, so it does not come back at move out.
Keeping deductions down
- Find your move in photos or inspection form, so you know the starting condition
- Fix small damage you caused, if your lease allows it, and return every key, fob and remote
- Clean room by room with our move out checklist, or book a move out clean and keep the receipt
- Take dated photos and a video of every room once it is done
- Give your forwarding address in writing, so the notice reaches you
Our Florida deposit guide sets out the full timeline for getting your deposit back.
This guide is general information, not legal advice. Laws change, and your lease may add terms. For advice on your situation, speak to a Florida attorney or the Legal Aid Society of Palm Beach County.