Asked in Real Estate Law and Landlord - Tenant for Florida

Q: Can I hold money from the deposit, if the renter failed to pay late fees that were included on the lease contract?.

My renter failed to pay on time for 9 months, now he's leaving the apartment and doesnt wants to pay for the late fees he incurred on past months, I want to now if its legal to hold that money from the security deposit he made at the start of the lease.


2 Lawyer Answers
  • Bushnell, FL
  • Licensed in Florida

A: You can, but you have to send notice, pursuant to Florida Statute, Section 83.49(3) and wait 15 days. Be sure to follow the format provided in the Statute. Best of Luck! Jennifer

1 user found this answer helpful

  • Santa Rosa Beach, FL
  • Licensed in Florida

A: There is not a way to tell via this online forum. It is dependent upon the wording of your lease. I suggest that you consult with a landlord tenant attorney in your area to review the lease agreement and develop a strategy on how to deal with this issue.

It is my thought that you can only keep a security deposit for specific items to do with the condition of the property. Also you are governed by Florida Statutes 83.49 in regards to how and when to return a security deposit. You can get a copy of that statute by doing a google search.

Good luck.

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