Reviewed by the attorneys of JMM
You did everything right. You gave notice, left the place clean, handed back the keys — and then your deposit didn’t come back, or a letter showed up billing you for “damages” you know weren’t real. In Miami-Dade this happens every single day, and Florida law (Statute §83.49) is firmly on the tenant’s side. But tenants routinely weaken strong cases in the days right after move-out, usually without realizing it. Here are five of the most common mistakes, and how to avoid them.
1. Not putting your forwarding address in writing
Florida law requires your landlord to mail any claim against your deposit to your “last known mailing address.” If the landlord doesn’t have your new address, you hand them an argument about where the notice — and your refund check — should have gone. Before you leave, give your landlord your forwarding address in writing (email plus a letter), and keep copies. It takes five minutes and removes a whole category of excuse.
2. Treating a text or email as “the notice”
If your landlord wants to keep any part of your deposit, the law doesn’t let them just text you a list of deductions. They must send a written Notice of Intention to Impose a Claim by certified mail within 30 days, using specific statutory language. A text, an email, a phone call, or a regular letter is not proper notice. And here’s the part landlords hope you don’t know: if they miss that 30-day certified-mail notice, they forfeit the right to keep your deposit — no matter what they claim the deductions were for. Don’t accept an informal deduction list as the final word.
3. Assuming “normal wear and tear” charges are legal
Landlords cannot use your deposit to renovate the unit or cover routine turnover. Faded paint, minor wall scuffs, worn carpet in high-traffic areas, small nail holes from hanging pictures, and standard between-tenant cleaning are normal wear and tear — the ordinary result of living in a home — and generally cannot be deducted. Full repainting after a multi-year tenancy, “deep cleaning” fees on a unit you left in good shape, and carpet replacement for ordinary wear are exactly the deductions that get challenged successfully. Genuine damage beyond ordinary use is a different story, but the burden is on the landlord to document it and to have followed the notice procedure.
4. Cashing a partial check marked “final” — or signing a release
A landlord who sends back part of your deposit with a check stamped “final payment,” or who asks you to sign a release, is often trying to close the door on the rest. Don’t cash it or sign anything before someone reviews it. What looks like a small refund now can quietly waive a much larger claim.
5. Waiting
These cases are won and lost on the paper trail, and the clock matters. Evidence disappears, memories fade, and the landlord’s procedural mistakes are easiest to prove while the move-out is recent. If your deposit was wrongfully kept, the deadlines run whether or not you act — so the sooner you talk to a lawyer, the stronger your position.
The good news is that Florida wrote the fee-shifting rule into the same statute: when a deposit dispute goes to court, the prevailing party — whichever side wins — is entitled to court costs plus a reasonable attorney’s fee from the other side. That’s why a tenant with a strong case doesn’t need deep pockets to hire a real litigation firm. At Jimenez Mazzitelli Mordes, if we accept your case, you never pay us anything — no fees, no costs, win or lose. Our bilingual team represents renters across Miami-Dade County, and the consultation is free in English or Spanish.
If your landlord kept your deposit, a Miami security deposit lawyer can review your dates and documents and tell you honestly whether you have a case. For a deeper walk-through of the deadlines and your options, see our complete guide to Florida security deposit rights.
