Can a landlord keep the deposit if the lease is void?

Full question:

If the lease was non and void due to the dates written wrong by the owmer of the premises, and one of the rules in the agreenment was broken by the owner from the start, and we gave proper notice and moved out does the landlord have the right to keep our deposit. Landlord says due to breech of lease and he is using article 83.49(3) Florida Statutes. But that article explains we damaged his property. But we gave back his home just the way he had requested for us to leave it. The other rule he broke from the beginning was term 15 Q on the rental agreenment that personal checks are not acceptable forms of payments towards deposit. We have a check that we gave him for the deposit plus six months in advance and he cashed it.

• Category: Landlord Tenant
• Subcategory: Lease Violation
• Date: 04/07/2025
• State: Florida

Answer:

Under Florida law, specifically Fla. Stat. § 83.49, when a tenant pays a security deposit, the landlord must handle it properly. The landlord must either hold the deposit in a separate account or post a surety bond. If the landlord fails to do this, it may affect their ability to keep the deposit.

When you vacate the premises, the landlord has 15 days to return the security deposit or provide written notice of their intention to impose a claim on it. This notice must include the reason for the claim. If the landlord does not send this notice within the 15-day period, they lose the right to keep any part of the deposit.

In your case, if the lease is void due to incorrect dates and the landlord broke terms of the agreement, you may have grounds to dispute the claim on your deposit. Since you returned the property as requested and have documentation of the payment method, you should consider these factors when addressing the landlord's claim.

If you believe the landlord is wrongfully withholding your deposit, you may want to seek legal advice or consider small claims court to recover your funds.