When a Florida claim letter arrives loaded with charges, the gut reaction is to assume you owe them. Usually you do not. Florida law draws a sharp line between damage a landlord can charge for and ordinary wear and tear, which a landlord cannot.
The two things a landlord can legitimately deduct
Under Florida law, a landlord may keep part of your deposit only for:
- Actual damage beyond ordinary wear and tear, and
- Unpaid rent or other amounts you genuinely owe under the lease.
That is the whole list. Everything else is a negotiating tactic.
What "normal wear and tear" means
Normal wear and tear is the ordinary aging a home goes through simply because someone lived in it. A landlord cannot bill a departing tenant for it. Classic examples that show up on padded claim letters:
- Routine cleaning and "make-ready" fees
- Repainting and touch-ups for ordinary fading or marks
- Carpet cleaning or replacement for ordinary wear
- Lightbulbs, air filters, and batteries
- Small nail holes and minor wall scuffs
These are costs of doing business as a landlord, not tenant damage.
What does count as chargeable damage
The line is real damage that goes beyond ordinary use:
- Large holes in walls, broken doors, or shattered fixtures
- Stains or burns that ruin flooring beyond normal wear
- Missing appliances or items that were present at move-in
- Genuine repairs caused by misuse or neglect
The test is not "did the unit need work." The test is whether the condition goes beyond the ordinary wear that comes from normal living. Routine turnover costs are the landlord's to bear.
Unpaid rent is different
If you genuinely left rent unpaid, the landlord can apply the deposit to it. That is legitimate. The fight is usually over inflated "damage" and cleaning charges, not honest rent balances.
A deductions list does not override the deadlines
Even a long, itemized claim letter is worthless if the landlord did not send it by certified mail within 30 days of your move-out. The timing rules in Florida Security Deposit Deadlines come first. A late notice means the landlord forfeits the claim, no matter how the charges are dressed up.
Check your claim letter against the law
The free 2-minute case check below sorts lawful charges from the padded ones and tells you whether the landlord followed the rules. If the numbers do not add up, you may be owed the full deposit. For the complete process, see How to Get Your Security Deposit Back in Florida.