How can a tenant legally challenge a security deposit deduction?

In Florida, there are certain laws in place that outline when and how a landlord can deduct money from a tenant’s security deposit. Before a landlord can make any deductions, they must return the deposit to the tenant with an itemized list of deductions from the deposit. The tenant has the right to challenge the deductions if they believe something was wrongfully taken. In order to challenge a security deposit deduction, the tenant must first be sure that the landlord did not follow the required Florida Statutes. In Florida, a landlord must take all deductions from the security deposit within 15 days of the tenant’s move out date. The landlord must also include an itemized list of deductions and provide the tenant a written notice of those deductions. If the landlord did not follow these protocols, the tenant has the right to challenge the deduction. The tenant can also challenge the deduction if they feel the amount taken from their security deposit was too high. Tenants are entitled to receive their security deposit minus any reasonable deductions for unpaid rent or damages to the property that are above ordinary wear and tear. If the tenant believes that the deductions were unreasonable, they can take action legally. The tenant can write a letter to the landlord that outlines their argument why the security deposit deduction should be reversed. The tenant can also take legal action, such as filing a complaint in small claims court. A tenant has up to one year from the day the security deposit was returned to take legal action.

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How can a tenant legally challenge a security deposit deduction?

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