Miami-Dade County Security Deposit Litigation Lawyers

Disputes often arise between landlords and tenants over which one of them is entitled to keep security deposit funds after the termination of a lease or rental agreement. This may involve a significant sum of money for both parties and requires a thorough review of the terms of the contract between the parties as well as the condition of the leased or rented unit. 

At Revah Law, our attorneys are highly-knowledgeable in Florida landlord/tenant law, skilled negotiators, and experienced trial lawyers in court. We represent both landlords and tenants in these conflicts. We can help you sort out the matter through an assessment of your case to potentially resolve it without the necessity of litigation. However, our team is always ready to bring a well-prepared case to trial on your behalf to help you seek a fair and just result. 

Talk to a Miami-Dade County security deposit litigation attorney who can advise you on your rights and options. Revah Law offers a free consultation. Call (888) 218-4125 today. Also serving Palm Beach and Broward Counties. Hablamos español.

Overview of Security Deposit Disputes 

Under Florida landlord-tenant law, a security deposit is an amount of money paid by the tenant to the landlord at the beginning of a tenancy. The purpose of this deposit is to cover any damages to the property that may occur during the tenancy. 

The security deposit funds must be held by the landlord in a separate interest or non-interest-bearing account; they cannot be commingled into the landlord’s other accounts per Section 83.49 of the Florida Statutes.  The landlord must give written notice to the tenant with information as to where the security deposit funds are being held. 

Landlords are obligated to return the security deposit within 15 days after the tenant has surrendered the rental property unless deductions are made for damages or unpaid rent.

Tenant Obligations

Tenants have certain obligations when it comes to security deposits. You must pay the deposit in full and on time, as well as provide written notice of your intention to move out within a certain timeframe (usually within at least 15 days prior to move-out). If you fail to do so, you may be liable for any damages caused by negligence or breach of contract.

When a Landlord Retains Security Deposit Funds

A landlord may retain all or part of a security deposit if the tenant has caused damages or has failed to pay rent. In such cases, the landlord must provide the tenant with a written notice within 30 days of doing so, detailing how much will be kept and why. This must be done via certified mail and should include an itemized list of deductions along with supporting documentation such as photographs or repair bills.

A tenant may dispute a landlord’s decision to retain all or part of their security deposit if they believe it was done unfairly or without cause. 

Resolving Security Deposit Disputes

Where disputes arise over the matter of security deposits, parties can seek legal resolution through mediation or arbitration services. 

Our experienced landlord-tenant lawyers can also help you navigate the litigation process. Our team is here to ensure that your rights are protected under the law; we are committed to helping you seek a fair and just outcome.