What counts as 'normal wear and tear'?

Normal wear and tear includes minor scuffs on walls, small nail holes from hanging pictures, carpet worn from normal foot traffic, and faded paint after 2+ years of tenancy. Landlords cannot legally deduct for these in most states. DepositHawk checks each item against your state's legal standard.

What if my landlord already sent me a deduction list?

That's exactly what the Demand Letter plan is for. Enter each deduction, and we generate a letter challenging each one individually with the specific statute or case law that makes it impermissible.

What if the deadline has already passed?

You may still recover your deposit even after the deadline, but you likely lose the penalty multiplier (2x or 3x damages) in most states. DepositHawk will tell you exactly what you can still recover.

No. Small claims court is designed for self-represented parties. Most security deposit cases settle after a demand letter — landlords often comply rather than appear in court.

Is this legal advice?

DepositHawk provides legal information — the actual statutes, deadlines, and penalty structures for your state — not legal advice. For complex situations or large amounts, consulting an attorney is always an option.

How much can I recover?

In Texas: up to 3x the withheld amount plus $100. In California: up to 2x the deposit amount. In New York: actual damages. The amount varies significantly by state — DepositHawk calculates your maximum recoverable amount before you decide to proceed.

Last updated: April 2026Researched by DepositHawk Research Team

Security Deposit Laws in Miami, Florida

Based on Fla. Stat. § 83.49 · Last verified 2026

Miami landlords must return security deposits within 15 days of move-out under Fla. Stat. § 83.49. File in Miami-Dade County Court — Small Claims if they don't.

Fla. Stat. § 83.49

●Florida State Law

Florida Security Deposit Rules

Return Deadline: 15 days after move-out
Penalty for Late Return: Actual damages + additional penalty
Statute: Fla. Stat. § 83.49
Itemized Statement Required: Yes
Interest on Deposit: Yes
Small Claims Limit: $8,000

●Deductions

What Can My Landlord Deduct in Miami?

Allowed Deductions

+Unpaid rent
+Damage beyond normal wear and tear
+Cleaning if lease requires and unit was left dirty
+Lease-break fees if specified in lease
+Costs to replace items tenant removed or kept

Prohibited Deductions

✕Normal wear and tear (minor scuffs, small nail holes, faded paint)
✕Carpet replacement after useful life (typically 7-10 years)
✕Painting after 2+ year tenancy (normal wear)
✕Pre-existing damage not noted at move-in
✕Upgrades or improvements beyond restoring to original condition

●Court Information

Where to File Your Claim in Miami

Court: Miami-Dade County Court — Small Claims
Address: 73 W Flagler St, Miami, FL 33130
Phone: (305) 349-7001
Filing Fee: $55–$300
Claim Limit: $8,000

●Step-by-Step

How to File a Security Deposit Claim in Miami

1
Send a demand letter
Before filing in court, send your landlord a formal demand letter citing Fla. Stat. § 83.49. Give them 7-14 days to respond. DepositHawk can generate this letter for you.
2
Gather your evidence
Collect your lease, move-in/move-out photos, security deposit receipt, any communication with your landlord, and the itemized deduction list (if one was provided).
3
File at Miami-Dade County Court — Small Claims
Go to 73 W Flagler St, Miami, FL 33130 or check if online filing is available. Bring a completed small claims form and the filing fee ($55-$300). File in the county where the rental property is located.
4
Serve your landlord
After filing, you must formally serve your landlord with the court papers. The court clerk can explain your options — typically by certified mail or a process server.
5
Attend the hearing
Present your evidence to the judge. No lawyer is needed. The entire process typically takes 30-90 days from filing to judgment. If you win, Florida law may award you Actual damages + additional penalty in damages.

Think your Miami landlord owes you money?

Check your rights under Fla. Stat. § 83.49 and generate a demand letter in minutes.

Check My Rights Free

Free. Takes 2 minutes. Real statute citations.

●Related Resources

Full Florida Security Deposit Law Guide How to Sue Your Landlord in Florida Small Claims Court Compare Security Deposit Laws Across All 50 States

Other Florida Cities

Orlando Tampa

This information is based on Fla. Stat. § 83.49 as of 2026. Laws change. Verify current statutes at your state legislature's website. Court information should be confirmed directly with Miami-Dade County Court — Small Claims before visiting.

●Frequently Asked Questions

Frequently Asked Questions

How long does my landlord have to return my deposit in Miami?

Under Fla. Stat. § 83.49, landlords in Miami, Florida must return the security deposit within 15 days after the tenancy ends. They must also provide an itemized statement of any deductions.

Where do I file a small claims case for my deposit in Miami?

File at Miami-Dade County Court — Small Claims, located at 73 W Flagler St, Miami, FL 33130. The filing fee ranges from $55 to $300. No lawyer is required.

What penalties can I get if my Miami landlord withholds my deposit?

Florida law provides for Actual damages + additional penalty as damages when a landlord wrongfully withholds a security deposit past the 15-day deadline.

Can my landlord deduct for normal wear and tear in Miami?

No. Under Fla. Stat. § 83.49, normal wear and tear — minor scuffs, small nail holes, carpet worn from regular use — cannot be deducted from your security deposit in Florida.

●PROTECTION

Your landlord is costing you money. We stop it.

Junk Fee Auditor — Flags illegal charges hiding in your lease
Rent Increase Analyzer — Checks if your hike exceeds the legal cap
Deposit Photo Vault — Timestamped move-in/out evidence your landlord can’t dispute
Free Demand Letter — State-specific letter generated in 2 minutes

Junk fees you can’t opt out of: ~$100/mo
Utility overcharges you can’t verify: ~$50/mo
Deposit interest your landlord pockets: ~$8/mo
Rent increase above legal cap: ~$35/mo
Total: ~$193/mo you’re probably losing.
DepositHawk Protection: $3/mo.

Protect Yourself — $3/mo

DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.