Miami Security Deposit Lawyer

Your security deposit is your money — and Florida law treats it that way. Jimenez Mazzitelli Mordes represents renters across Miami-Dade County whose landlords wrongfully kept their deposits, on terms no renter should have to think twice about: if we accept your case, you never pay us anything — win or lose. Below is what the law requires of your landlord, the deadlines that decide these cases, and exactly what to do next.

You left the apartment clean. You gave notice. You handed back the keys. And now the deposit that was supposed to come back — a month’s rent, sometimes two, in a county where rent is not cheap — has simply… not come back. Or a letter arrived claiming “damages” you know aren’t real: painting charges for normal wear, a cleaning fee for an apartment you left cleaner than you found it, mystery deductions with no receipts.

In Miami-Dade, this happens every day — and Florida law is firmly on the tenant’s side. Jimenez Mazzitelli Mordes (JMM) represents renters across Miami-Dade County whose landlords wrongfully kept their security deposits. The law gives your landlord strict deadlines, strict procedures, and a strong incentive to settle: if the case goes to court and you win, the landlord pays your attorney’s fees on top of your deposit.

What does Florida law say about returning a security deposit?

Florida Statute §83.49 gives your landlord two deadlines, and missing either one has consequences. When you move out:

• If the landlord is not making any claim against your deposit, they must return it within 15 days.
• If they intend to keep any part of it, they must send you written notice by certified mail within 30 days, telling you exactly how much they’re claiming and why, using the specific language the statute requires.

If the landlord fails to send that certified-mail notice within 30 days, the statute says they forfeit the right to impose any claim on your deposit. Not “might lose” — forfeit. A landlord who kept your money without following the procedure generally owes you the deposit back regardless of what they say the deductions were for. For the complete deadline-by-deadline breakdown, see our Florida security deposit rights FAQ.

What if I got a deduction letter I disagree with?

You have 15 days from receiving the notice to object in writing. Don’t let that window close silently — and don’t assume an objection is something you have to word perfectly on your own. Call us first; the consultation is free, and getting the objection right early strengthens everything that follows.

What deductions are landlords not allowed to take?

Florida law does not let a landlord charge you for normal wear and tear — the ordinary result of living in a home. Deductions we see challenged successfully in Miami-Dade all the time include: full repainting after a multi-year tenancy, “deep cleaning” fees on apartments left in good condition, carpet replacement for ordinary wear, charges with no receipts or invoices behind them, and vague “damages” that were never itemized as the statute requires.

Why can JMM take these cases with no fees to you?

Because Florida law shifts the fees to the losing side. Under §83.49, when a security-deposit dispute goes to court, the prevailing party — whichever side wins — is entitled to court costs plus a reasonable attorney’s fee paid by the other side. Landlords and their insurers know this. It means a tenant with a strong case doesn’t need deep pockets to hire a real litigation firm — and it means landlords who wrongfully withheld a deposit face real pressure to make it right quickly.

If we accept your case, you never pay us anything — no attorney’s fees, no costs, win or lose. When we win or settle, our fees and costs come from the landlord’s side of the table, not from your deposit. And if we lose, we collect nothing at all — you still owe us zero. We only accept cases we believe in, and we take the risk, not you.

What should I do right now if my landlord kept my deposit?

Move quickly — the paper trail decides these cases.

1. Gather your documents: the lease, your move-out notice, photos or video from move-in and move-out, texts and emails with the landlord, and the deduction letter if you received one (keep the envelope — the postmark matters).
2. Write down your dates: the day you moved out and the day anything arrived from the landlord. The 15-day and 30-day deadlines are the heart of the case.
3. Don’t cash a partial check marked “final” or sign anything before someone reviews it — that can compromise your claim.
4. Call us. The consultation is free, in English or Spanish, and we’ll tell you honestly whether you have a case.

Not sure where things went wrong after you moved out? See our guide to the move-out mistakes that cost you your deposit.

Frequently Asked Questions

How much does it cost to hire JMM for a security deposit case?
Nothing — ever. If we accept your case, you pay no attorney’s fees and no costs, win or lose. If we win, Florida Statute 83.49 entitles us to collect our fees and costs from the landlord’s side. If we lose, we collect nothing and you still owe us nothing. The consultation is always free.

How long does my landlord have to return my deposit in Florida?
15 days after you move out if they make no claim against it. If they intend to keep any portion, they must send a certified-mail notice within 30 days stating the amount and the reason. Missing that 30-day notice forfeits their right to claim against the deposit.

My landlord never sent me anything — do I automatically get my deposit back?
If the landlord made no claim by certified mail within 30 days, the statute says they forfeit the right to impose a claim on the deposit. That’s a strong position, but “automatic” still sometimes requires a demand — and, if they dig in, a lawsuit where the fee-shifting statute works in your favor. That’s exactly what we handle.

Can my landlord charge me for repainting and cleaning?
Not for normal wear and tear — the ordinary aging of a home you actually lived in. Charges for genuine damage beyond normal wear can be valid if properly noticed and documented. Whether a specific deduction crosses the line is a fact question, and it’s one we evaluate for free.

Does JMM handle security deposit cases in Spanish?
Yes. Our attorneys and staff are fully bilingual and handle Miami-Dade deposit cases in English and Spanish from the first call through resolution. Llame hoy — hablamos español.

Talk to a lawyer today — free, confidential, no obligation

A withheld deposit in Miami-Dade isn’t small money — and Florida law was written to make sure you don’t have to just accept it. The deadlines run whether or not you act, so the sooner we look at your dates and documents, the stronger your position.