Under Florida Statutes §83.49, Miami landlords have 15 days to return your deposit after move-out. Potential full deposit recovery if they miss the deadline or make improper deductions.
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Return Deadline
15 days
15 days after move-out, per Florida Statutes §83.49
Penalty if Late
Potential full deposit recovery
Applies automatically on deadline violation
Itemization Required
Yes
Written itemization required within 30 days
Common Questions
Under Florida Statutes §83.49, Florida landlords have 15 days after move-out to return your security deposit along with an itemized written statement of any deductions. The clock starts on your official move-out date.
If your landlord fails to return your deposit within the deadline or makes bad-faith deductions, your landlord forfeits the right to retain any portion of the deposit. This is governed by F.S. §83.49(3)(a). You can start by sending a formal demand letter and, if necessary, file a claim in Florida small claims court (limit: $8,000).
No. Florida law explicitly prohibits deductions for normal wear and tear. Normal wear and tear refers to the gradual deterioration that results from ordinary use of the property over time, such as minor scuffs, faded paint, or worn carpet. Landlords may only deduct for actual damage beyond normal use that you caused.
Start by sending your landlord a formal written demand letter citing Florida Statutes §83.49. State the amount owed, the deadline violation or improper deductions, and the penalties that apply. If your landlord does not respond within a reasonable time, you can file a small claims court case in Florida (limit: $8,000). GetItBack can generate a personalized demand letter for free in under 2 minutes.
Know Your Rights
Timely return: Your landlord must return your deposit within 15 days after move-out. Missing this deadline can entitle you to penalties under Florida Statutes §83.49.
Written itemization: If your landlord makes any deductions, they must provide a written itemized statement within 30 days. Failure to do so can forfeit their right to keep any portion of the deposit.
No normal wear and tear deductions: Florida law explicitly prohibits deductions for normal wear and tear. Your landlord cannot charge you for minor scuffs, faded paint, or worn carpet that results from ordinary use.
Penalty enforcement: If your landlord violates the law, you can demand potential full deposit recovery. Start with a formal demand letter, then escalate to Florida small claims court if needed. The filing limit in Florida is $8,000.
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