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What are the rules for security deposits?

QUESTION:

My wife and I rent out several duplexes. We give our new tenants a list, we call it "move-out costs," of what they will pay for cleaning if they don’t do a good job themselves when they move.

A nice lady left last week but she was very upset that we charged her $30 to clean her oven. She said it was cleaner when she moved out than when she moved in. I know that isn’t true because I remember cleaning it myself when she arrived three years ago. What should I have done?

ANSWER:

First, you should be commended for having an exact list of move-out costs. If your tenants know what charges they face at move-out time, they will be less unhappy when you deduct these charges from their security deposits. If they know that they will be charged $100 to clean the draperies, they may decide that the $40 their dry cleaner charges is really a bargain.

Unfortunately, your tenants’ memories of what your duplexes looked like when they moved in are as likely to be as incorrect as your memory. But the inaccuracies are probably in opposite directions.

A written record of the condition of each duplex and an inventory of what it contains is very helpful in avoiding this type of problem. You and your new tenants should fill out, and each sign, in duplicate, a list that specifies the deficiencies you notice during your pre-move-in tour of inspection, from the exact number of burn marks in the carpet to the exact number of picture holes in the walls. The condition of the oven, from spotlessly clean to somewhat stained, should be included in this list. Give one copy to the tenant and keep one copy to use for a move-out inspection.

You could photograph or video each duplex before a new tenant moves in but these records are not as important as a written signed record if the problem needs to be resolved in court. Arranging to have your tenants accompany you on a post-inspection when they move out is also helpful. This gives you a chance to explain precisely what is wrong with each item and give them the opportunity of fixing what is wrong or choosing to be charged for the problem.

If you have charges against the tenant’s security deposit, Florida law requires that you as the landlord notify the tenants by certified mail that you are imposing a claim on the deposit. This must be done within 15 days after the tenant has vacated the premises. The claim must be specific and itemized. If you fail to send the letter, your claims to the deposit are forfeited.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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