Can a Landlord Charge Ordinary Wear and Tear to a Tenant's Security Deposit in Florida?
Simple Answer - It's up to a Judge or Jury.
Moving can be a stressful process. However, preventing unnecessary disputes over your security deposit is a way to make the moving process easier. Landlords may deduct from a renter’s security deposit, in the event, that the tenants caused damage to the property, but ordinary wear and tear to the rental property cannot be deducted from the deposit. Therefore, we ask: What is the difference?
Some common examples that are usually found to be ordinary wear and tear would include:
- Wear on carpet caused by furniture or normal use
- Broken lightbulbs
- Dirty blinds or window seals
- Faded paint
- General cleaning of the property
- Reasonable tack or nail holes in the wall
In comparison to the items above, common examples of damage to the property include:
- Unpaid Rent or Utilities
- Carpet burns
- Broken doors and locks/ Broken windows
- Excessive filth in appliances such as oven, refrigerator, etc.
- Large gouges in paint or holes in the wall
- Leaving trash or personal property that the landlord has to remove or store
Maximize the return of your security deposit by fixing minor issues, and clean the apartment/house thoroughly upon vacating. Notifying your landlord of minor issues with the house immediately can also be beneficial so that he is aware of all problems with the property. Also, request a walk through with the landlord or one of his agents so the property can be compared to the condition it was in at the beginning of your lease.. For your own records, you should also document the premises. This can be used as evidence in your favor should a dispute arise .
You can also read on our blog other useful information on Security Deposits in Florida, FCCPA violations and retaliatory conduct by a landlord among other things. We service most cities and counties in Florida so please contact us today toll free at 1-855-529-7256, or simply reach out to us through our online portal.