Most residential landlords in Florida will most likely require their tenants to pay money upfront as security for their future payments of rent and upkeep of the property. The landlord does not own the deposit and, therefore, has a legal responsibility to keep it safe until used or the tenant leaves. This deposit may be used for a variety of reasons, but one of the most important is to reimburse the landlord for any damage caused by a tenant’s misuse of the property beyond normal wear and tear.
Florida’s Security Deposit Law
Under Florida Statute 83.49, a landlord must keep the deposit paid in by the tenant secure until it is returned to him or her. The duties of a landlord to protect and return the money to the tenant are defined in this statute. If a landlord fails to follow this law, he or she may be sued in a Florida court. If the tenant prevails, the landlord will be required to return the security deposit to the tenant, pay for his or her legal fees, and reimburse any court costs.
Normal Wear and Tear is Not Deductible from a Security Deposit
Most Florida leases include provisions describing what is considered normal wear and tear and what the landlord expects the tenant to do when leaving the property. In the event that your lease does not contain a definition of “normal wear and tear” or “move out,” then Florida common law (precedents established by court decisions) will apply.
We consider typical wear and tear to be anything that happens because of day-to-day living in the rental property, including:
- Faded or dirty paint
- Dirty or faded curtains and blinds
- Matted carpet wear from normal use
- Furniture markings on the carpet
- Appliances that do not work due to age
- Warped doors
- Small dents or markings on walls
- Picture hanging holes in the walls
- Dirty window screens
- Loose hinges
- Worn out flooring (amount of wear is based on flooring type)
- Worn out electric switches and knobs
- Worn countertops
- Loose toilet fittings
Damage Beyond Normal Wear and Tear
A tenant’s conduct can damage the landlord’s property. The tenant is responsible for repairing any damage caused by them or their guests. If the tenant fails to repair the damage, the landlord may be able to do so on its own by using the security deposit. Also, when the tenancy ends, a security deposit acts as a safeguard for the property owner. If a tenant damages something, the landlord can deduct money from the security deposit to pay for it.
Examples of damage that can be deducted from a security deposit include:
- Damage due to hoarding behaviors
- Mold and mildew damage
- Damage due to heavy smoking
- Damage due to pet urine, feces, scratching or gnawing
- Broken appliances due to misuse
- Large holes in walls
How to Manage Normal Wear and Tear and More Extensive Damage
As a landlord, you know how quickly things can get busy when managing multiple properties. Normal wear and tear must be remedied after each tenant leaves and before another arrives. These tasks can eat up all your spare time without expert property management services, like those here at Douglas Realty Property Management in Southwest Florida. Call us at (239) 542-6906 or contact us online for more information on how we can handle everything from tenant turnover to damage repair on all your rental properties.
