Residential leases generally include the Landlord’s requirement that the Tenant deposit with him/her a monetary Deposit to secure the Tenant’s faithful performance and any potential damages to the property.
This is reasonable, but the Tenant should be able to expect its return if he/she has fully performed under the Lease and there are no damages upon vacating. F.S. 83.49 regulates this process and provides for how the deposit is to be held and how it is to be returned after the lease is over. Many times the precision required for this process is overlooked or minimized. However, it should be attended to very carefully. The statute provides for attorney fees to either party if they are forced to seek help from the Court to protect their rights.
Time for return of the deposit and method of delivery and the way to make or defend a claim against it are addressed in F.S. 83.49. Landlord and Tenant should both be careful to understand its requirements and properly apply them in their relationship.
It is recommended that ANY questions about the application of a Security Deposit should be presented to an experienced LL/T lawyer for some quick advice and direction. Most questions are pretty simple, although some can be very complex with confused circumstances.