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Landlord's Ability to Keep All or Partial Amount of Security Deposit

As a Landlord, if you plan to retain a portion or all of your tenant’s security deposit, there are certain steps that Florida Statute §83.49 requires you to follow before keeping the security deposit. If you fail to follow these steps, you may be required to return the security deposit back to the Tenant, regardless if there was damage caused to the property or not. Also, if your tenant hired an attorney to recover the security deposit, you may also be exposed to paying their legal fees. It is because of that exposure that it is likely a good idea to speak to an attorney before you impose a claim on your tenant’s security deposit.

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Fausto Rosales