Getting Your Deposit Back

Student Legal Services cannot provide assistance with claims or disputes involving the University of Florida, University of Florida students, the State of Florida, and any state agencies.

What Steps Can I Take to Protect My Security Deposit?

When you take occupancy of the apartment, complete a thorough written inventory of the apartment's condition and have the landlord or an impartial witness sign the inventory. Make sure you keep a copy of the inventory. This helps protect you from the landlords claiming you caused pre-existing damage. When you move out, completely and thoroughly clean the apartment. Some landlords provide a checklist outlining the cleaning they expect you to do. Keep all receipts for cleaning supplies and steam-cleaner rentals as evidence. Before you leave, ask the landlord to inspect the premises with you. Complete a move-out ckecklist and make sure the landlord signs and dates it. Use an impartial witness if the landlord is not available or refuses your request. Move-in and move-out photographs or videotape are also strongly recommended in case there is a dispute.

Can I Use My Security Deposit for the Last Month's Rent?

No. Landlords can legally evict you for non-payment of rent even when your "security deposit" is equal to your last month's rent. The purpose of the security deposit is to protect the landlord against damages to the apartment.

Does the Law Require Interest Payments
on Security Deposits?

Landlords must hold security deposits in one of three methods. Only one of these methods requires interest to be paid. The method which does not require interest payments is the one most landlords use. The landlord is required to inform you in writing how your deposit is being held, where it is held, and whether you will receive interest.

What Can I Do if the Landlord Doesn't Return My Deposit?

A landlord has 15 days after termination of the lease to return the security deposit or send a notice by certified mail stating how much is going to be deducted from the deposit and why. You must object to the eviction in writing within 15 days of your receipt of the notice or the deductions are authorized. If the notice is not postmarked within 15 days after you vacate the apartment, the landlord forfeits the right to make a claim against the security deposist. However, if you damaged the premises, the landlord can use you even when the 15-day notice is not given. Because the landlord can also get court costs and attorney's fees, you should consult an attorney before filing any lawsuits.

Caveat

The Florida Bar does not guarantee in any way the success of the plan and gives no assurances of the quantity and quality of legal services to be provided. Total responsibility for the delivery of services rests with the sponsor and staff attorneys in the individual attorney-client relationships.