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Under Florida law, a landlord must return the tenant's security deposit within 15 to 60 days after the tenant has surrendered the rental property to the landlord (that is, returned the keys and vacated the property), depending on whether the tenant disputes any deductions taken out of the security deposit.
Landlords are required to keep security deposit funds in a separate non-interest-bearing account in a Florida bank. The landlord can't commingle the security deposit funds with any other funds nor can they use the funds until they are actually due to the landlord.
Landlords have 30 days from the termination of the lease to notify the tenant in writing of their intention to keep a portion of the tenant's security deposit. If the landlord fails to notify the tenant in writing within 30 days, the landlord forfeits the right to keep any portion of the security deposit.
A renter must adhere to all terms of the Florida lease for the landlord to return their security deposit. If not the Florida landlord has the right to only return the appropriate portion of the deposit. Below are some examples of when a landlord doesn't have to return a tenant's deposit.
Tenants are allowed to break a lease without penalty in Pensacola, Florida, as long as these situations are met:Active military duty.Uninhabitable rental unit/Violation of Florida health code.Invasion of privacy by a landlord.
A deposit to your apartment's landlord is usually deemed refundable by law, but there are exceptions that make it legal for a portion to be nonrefundable when it's used for things like prepaid rent, utilities and related fees.
In most instances, breaking lease agreements usually requires the tenants to pay about 2 to 3 months' rent or forfeit their security deposit. You can negotiate the termination fees with the landlord with the intention to have him/her reduce the fees and return your deposit.
The agreement should clearly mention the amount of rent that you have to pay each month and the due date by which it has to be paid. In most cases, landlords ask for a security deposit which is usually equal to one or two months' rent amount. Mention the security amount in the agreement and when it will get refunded.
Within Florida statutes, there is no statute in terms of nonrefundable fees, but it is habitually allowed and customarily practiced as a landlord.
What reasons can make a landlord withhold a tenant's security deposit? Landlords can keep a tenant's security deposit for many reasons. For example, to cover non-payment of rent, property damage in excess of normal wear and tear, and so on.