Landlord Guides

    Move-out done right: inspection, claim letter and deposit math

    The inspection steps, the exact F.S. 83.49 claim wording, and a worked $2,300 deposit example that charges damage, not wear.

    Don HarkinsPublished 7 min read

    An empty, freshly vacated Florida bedroom with light tile floors, a bare closet with the door open, and afternoon sun through a window with white blinds

    Key takeaways

    • F.S. 83.49(3)(a) gives 15 days to return a deposit with no claim and 30 days to send a claim notice; miss the 30 days and the right to claim is forfeited
    • Inspect within a day or two of key return, against the move-in report, with same-angle photos and quotes gathered inside the window
    • Charge damage, cleaning the tenant left behind and unpaid charges; never charge ordinary wear and tear or full replacement for aged items
    • Use the statutory claim wording, send it certified or by e-mail under F.S. 83.505, and remit any balance within 30 days of the notice date
    In this article

    Move-out done right has three parts: an inspection documented against the move-in record, a claim letter in the exact form F.S. 83.49(3) requires and sent within 30 days, and deduction math that charges only damage beyond ordinary wear and tear, at depreciated value, with receipts. Under F.S. 83.49(3)(a), a landlord who makes no claim returns the deposit within 15 days after the rental agreement ends; a landlord who intends to claim sends written notice within 30 days. Miss the 30 days and the statute says the landlord "forfeits the right to impose a claim upon the security deposit." Here is how to run each part so the numbers hold up.

    When does the clock start, and what are the deadlines?

    The statute ties both deadlines to "the termination of the rental agreement," which in practice means the day the tenant has vacated and surrendered possession. If the tenant holds over past the lease date, the clock starts when they actually leave. If they leave early, it starts early. Put the hand-back date in writing the day keys come back; a signed key-return form with the forwarding address is the cleanest proof.

    The forwarding address matters because the claim notice goes "by certified mail to the tenant's last known mailing address," or by e-mail if both parties signed the F.S. 83.505 addendum. F.S. 83.49(5) requires a tenant leaving early or on a periodic tenancy to give seven days' written notice with an address; if they do not, the statute relieves you of the notice requirement but does not waive their right to the deposit. Send the notice anyway. For the full calendar, read the Florida security deposit timeline, explained.

    How do you run the move-out inspection?

    Do it within a day or two of key return, before any vendor touches the house, and do it the same way every time.

    1. Bring the move-in condition report and move-in photos. Without a baseline, every mark is an argument.
    2. Walk the house in the same order as move-in, room by room, and photograph each wall, floor, ceiling, fixture and appliance from the same angles. Date-stamp everything.
    3. Test systems: air conditioning, water heater, range, dishwasher, disposal, garage door, smoke detectors, irrigation if present.
    4. Inventory access devices: house keys, mailbox key, garage remotes, gate fobs, pool cards, and whether tenant-installed smart locks or cameras were removed and originals restored.
    5. Note each item as wear, damage, cleaning or unpaid charge, and leave the dollar column blank until quotes are in.
    6. Get written quotes or invoices for every damage item inside the 30-day window, and keep them with the notice.

    If the tenant asks to attend, let them. Sea Dog also offers tenants a pre-move-out walkthrough on request, described on the move-out procedures page, which cuts disputes before they start.

    Key point: A deposit claim is only as strong as the move-in report it is compared against. The inspection that protects you happened a year ago; the move-out inspection just proves it.

    What is damage and what is ordinary wear and tear?

    The Florida Bar's consumer pamphlet states the standard: the property "should be returned in the same condition in which it was received, except for ordinary wear and tear." The line is about cause, not cost.

    Ordinary wear and tear (not chargeable) Damage (chargeable)
    Small nail holes from hanging pictures Large holes, unapproved paint colors
    Traffic wear and minor fading on carpet Pet stains, burns, tears
    Minor scuffs on walls and doors Broken fixtures, doors or screens
    Worn faucet finish, loose cabinet hinge Missing keys, remotes or fobs
    Dust and light cleaning Grease, mold, trash removal, odor treatment

    Two habits keep claims defensible. First, charge for cleaning only what the tenant left dirty, not a flat fee. Second, depreciate. If a carpet was expected to last eight years and is five years old, the remaining value is three eighths of the replacement cost, and that is the most a claim should carry. Full replacement cost for an aged item is the deduction most likely to lose in county court.

    How do you write the claim letter?

    Use the statutory language. F.S. 83.49(3)(a) says the notice must contain a statement "in substantially the following form": "This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to ___. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address)."

    Fill the blanks with a total and a reason, then attach an itemized list with the quote or invoice behind each line. Send it by certified mail and keep the receipt, or by e-mail if the tenant signed the F.S. 83.505 addendum, in which case the statute deems it delivered when sent unless it bounces, and you must keep a copy and proof of transmission. Date it. Under 83.49(3)(b), if the tenant does not object within 15 days of receipt, you may deduct the claim and must remit any balance "within 30 days after the date of the notice." If they do object, the next step is a conversation, then county court if needed; under 83.49(3)(c) the prevailing party recovers costs and attorney fees, which is a reason to claim only what you can prove.

    How does the deposit math work?

    A worked example on a $2,300 deposit, roughly a month's rent on a typical Central Florida house.

    Item Basis Amount
    Repaint one accent wall the tenant painted without consent Painter's invoice $325
    Replace pet-stained bedroom carpet $2,400 replacement, 8-year life, 5 years old, 3/8 remaining $900
    Professional cleaning of kitchen and both baths left dirty Cleaner's invoice $240
    Two missing garage remotes Supplier receipt $90
    Final water bill in landlord's name Utility statement $118
    Total claim $1,673
    Balance to return $2,300 minus $1,673 $627

    The notice states $1,673 and the reason, the itemization shows the five lines, and the $627 goes out within 30 days of the notice date if no objection arrives. If the tenant paid a monthly fee in lieu of a deposit under F.S. 83.491, there is no deposit to return, but the statute still requires you to itemize what is owed within 30 days after the tenancy ends and wait 15 more days before any insurance claim.

    What this means in Central Florida and on the Space Coast

    Local conditions add three items to the checklist. Humidity first: the Florida Climate Center's Orlando normals show 88% average morning relative humidity, so the air conditioning stays on through the vacancy and the walkthrough should check for condensation and musty closets. Storm gear second: on the Space Coast, hurricane shutters and panels are part of the inventory, and a missing panel is a chargeable item only if the move-in report listed it. Turnover cost third: at Zumper's October 2026 Orlando house median of $2,350, or the Palm Bay-Melbourne-Titusville median of $2,450, every vacant day costs roughly $78 to $82, so the make-ready that follows the inspection should be scheduled before the inspection, not after. The security deposit checklist covers the setup at the front of the tenancy that makes this end of it clean.

    Next step

    If a tenant is leaving in the next 60 days and you are not sure your move-in record will carry a claim, a priority rental review gives Sea Dog a look at the lease, the deposit setup and the inspection file before the clock starts. It is a short form and a short conversation, and it is the point in the tenancy where a second set of eyes is cheapest.

    Frequently asked questions

    Can I charge the tenant for repainting and new carpet?

    Only for damage beyond ordinary wear and tear, and only at depreciated value. Scuffs and small nail holes are wear; an unapproved color or a pet-stained carpet is damage. If the carpet had an expected eight-year life and was five years old, the claim carries three eighths of replacement cost, not the full invoice. Keep the quote with the notice.

    What if the tenant never gave me a forwarding address?

    F.S. 83.49(5) requires a tenant leaving early or on a periodic tenancy to give seven days' written notice with an address, and failure relieves the landlord of the 83.49(3)(a) notice requirement without waiving the tenant's deposit rights. Send the notice anyway, by certified mail to the last known address, which is usually the rental, and keep the receipt.

    Can I e-mail the claim notice instead of using certified mail?

    Yes, if both parties signed the F.S. 83.505 addendum agreeing to electronic notices. The statute deems an e-mailed notice delivered when sent unless it comes back undeliverable, and the sender must keep a copy and proof of transmission. Without the signed addendum, F.S. 83.49(3)(a) requires certified mail to the tenant's last known mailing address.

    What happens if the tenant objects to my claim?

    The deduction is on hold until it is resolved. Try to settle it directly first; the statutory disclosure itself tells tenants to attempt informal resolution. If it goes to court, F.S. 83.49(3)(c) awards the prevailing party costs and a reasonable attorney fee, so claim only items you can document with photos, the move-in report and an invoice or quote.

    Already renting it out and not sure it is performing?

    A Priority Rental Review looks at your rent, your lease and your expenses and tells you what to fix first.

    Don Harkins

    Don Harkins

    Broker and Owner, Sea Dog Property Management

    Don Harkins is a licensed Florida real estate broker (CQ1068457) who has managed rental homes across Central Florida and the Space Coast for more than 13 years. He writes about the decisions that cost owners money and how to avoid them.

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    This article is general information for Florida rental owners and residents, not legal advice. Florida Statutes are cited by section; your signed lease and Florida law control. Sea Dog Property Management, LLC, Florida real estate brokerage CQ1068457. Equal Housing Opportunity.

    Questions? Call (321) 495-6113 ext. 2