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Security Deposits for Florida Rentals

How much to charge, how to hold it, how to use it as a tool against Bad Tenants and more!

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Security Deposits for Florida Rental Properties

There is no set requirement to stipulate “one month’s security” and “last month’s rent” as you find in other states. The landlord is free to ask for any amount they are comfortable with, and the tenant is free to try to negotiate these terms with a landlord. The norm in South Florida is for a tenant to move in with three month’s rent up front: first month’s rent, last month’s rent and one month’s security.

If you can’t find an easily downloadable package online, email or call the condo manager/management office and formally request the package be emailed to you. Still no luck? You MAY need to pay a fee for an actual envelope filled with lots of paper. This is RARE nowadays… but there are still condo managers/management companies that have not yet arrived 2019! They may not have the knowledge or ability to scan the large stack of paper and create a .pdf document.
Also, they can charge a bunch of money for the paper “copies” and if they count on that extra income, they won’t give that up easily by making everything available with a free .pdf file. But you really WANT the .pdf file. Why?  It’s the easiest, best way to quickly provide it to your buyer/buyer’s agent (also, tenants, mortgage people etc in the future).

Using Security Deposits effectively

is the #1 way to avoid 
BAD TENANT situations

and to help protect you, the landlord.

Florida does not limit the amount of Security Deposits
a Landlord can collect from a Tenant

It’s also common to refer to the move-in money as “three month’s rent” BUT stipulating that amount as “first month’s rent plus two month’s security”. With two month’s security deposit held by the landlord, tenants are still responsible for paying their last month’s rent. And they cannot request that their security be applied to their last month’s rent if it has already been designated as security. By holding two month’s security, Landlords have more money to cover potential damage or unpaid rent or late fees. Got new wood floors? Brand new carpet or a new AC system? Do the tenants have a very energetic puppy? In many cases like these, landlords will want to hold more security to be able to cover the potential expense for repairs/damage that are more likely with these situations. Florida is very strict about what money is designated: security deposits OR rent. It’s VERY important to use correct language in a lease and to abide by all laws regarding holding and USING security. Tenants need to read through their lease and make sure to adhere to its provisions, or be prepared to lose some or all of their deposit. In addition to losing security, the landlord can also seek additional compensation from the tenant through the court system, and/or a collections agency.

Security Deposits are an agreed upon amount of money collected
by the landlord to hold, for the tenant.

It is the tenant’s money.

Until it isn’t.

 

The assumption should be made that the landlord will return the security deposit to the tenant after they move out. HOWEVER… tenant needs to understand that “their” money can be used to cover expenses relating to any damage to the premises or negligence or other breach of lease/contract, an early termination, possible claims for late fees or other rent owed.

SECURITY DEPOSITS ARE A PROTECTION for the landlord. A lease outlines law and provisions agreed to by both landlord and tenant. Security Deposits help when lease provisions aren’t adhered to. It’s NEVER a good idea to enter into a lease without collecting a security deposit.

Damage, early termination, HOA fines, late fees as additional rent, etc. can/may be included in a lease (as allowed by state law). 

Tenants should leave the property in good clean condition, no damage that wasn’t there when they moved in, and empty from all personal items and trash. If that isn’t the case, to claim the money needed to make those repairs or recoup “harm”… landlords should look first to Florida Landlord Tenant law then to their lease.

Florida Landlord Tenant law.

Christa Peremenis
Florida Licensed Realtor®
christaperemenis@aol.com*
305-205-8913*

*unsolicited spam not welcome

Rental Property Management Services
Property Management – Miami
Mailing Address:
PO BOX 570165
Miami, FL 33257
RPMSMiami@gmail.com

16+ years serving South Florida’s Landlords