Under Florida Statutes §83.49, here is what is legal and what is not -- and how to dispute wrongful charges in Miami.
Check My Miami DepositThe Short Answer
State Law
Normal wear and tear is legally protected in Florida under Florida Statutes §83.49. Wear and tear refers to the natural deterioration of a property from ordinary use over time: faded paint, minor scuffs on walls, small nail holes from hanging pictures, carpet thinning from foot traffic. Your Florida landlord cannot charge you for any of these. Deductions must be limited to actual damage beyond what's expected.
Practical Tip
If your landlord charged you for items that reflect normal aging: touch-up paint, light carpet wear, minor scuffs, these deductions are very likely improper in Florida. Document everything and check your eligibility for our free analysis.
Step-by-Step
Review your lease for any normal wear & tear clauses
Check whether your lease contains any specific provisions about normal wear & tear responsibilities. Some leases include language about repainting or professional cleaning obligations. If the lease does not explicitly assign this cost to you, or if the clause conflicts with Florida law, it may not be enforceable.
Compare your move-in and move-out documentation
Gather your move-in checklist, any photos or videos taken at move-in, and your move-out documentation. If the normal wear & tear condition was already present when you moved in, or if there is no meaningful difference between then and now, that is strong evidence the charge is improper.
Calculate legitimate vs. illegitimate portions
Even if some portion of the charge is valid, your landlord may be overcharging. Request itemized receipts showing exactly what was done and the cost. Vague charges like "Normal Wear & Tear fee: $400" without a breakdown are often successfully disputed.
Send a written dispute letter citing Florida Statutes §83.49
Write a formal demand letter to your landlord citing Florida Statutes §83.49 and identifying the specific deduction you are disputing. State the amount you believe was improperly withheld and request its return within a reasonable timeframe. Note the 15-day deadline under Florida law and the penalties that apply for non-compliance.
File in Florida small claims court if needed
If your landlord ignores or rejects your dispute, Florida small claims court handles deposit cases up to $8,000 -- no attorney required. Filing fees are typically under $100, and judges regularly rule in tenants' favor on clear-cut improper deductions. Bring your demand letter, receipts, and photos as evidence.
Common Questions
Most normal wear & tear charges are not allowed in Florida. Under Florida Statutes §83.49, landlords cannot deduct for normal wear and tear, and normal wear & tear typically falls into that category after a standard tenancy. If your landlord is charging for routine normal wear & tear, this is likely an improper deduction you can dispute.
Under Florida Statutes §83.49, your Florida landlord has 15 days after your move-out date to return your security deposit along with an itemized written statement of any deductions.
If your landlord improperly deducted for normal wear & tear, your landlord forfeits the right to keep any portion of your deposit under Florida Statutes §83.49. Start by sending a formal written demand letter citing Florida Statutes §83.49. If your landlord does not respond, you can file in Florida small claims court (limit: $8,000) without needing an attorney.
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