Landlord Move-In / Move-Out Condition Checklist — Florida

LANDLORD MOVE-IN / MOVE-OUT CONDITION CHECKLIST — FLORIDA

FLORIDA STATUTES § 83.49 COMPLIANT

This checklist documents the condition of the rental premises at the commencement and termination of a residential tenancy and serves as the basis for security deposit accounting. Florida law imposes strict notice and timing requirements for landlords who wish to impose a claim on a security deposit.

SECTION 1 — PROPERTY AND TENANCY INFORMATION

Florida Deposit Holding Requirements (Fla. Stat. § 83.49(1)): The landlord must hold the security deposit in one of three ways:

1. ☐ Separate non-interest-bearing account in a Florida banking institution — tenant must be notified of bank name and address within 30 days of receipt
2. ☐ Separate interest-bearing account in a Florida banking institution — tenant is entitled to at least 75% of the annualized average interest rate or 5% per year simple interest, whichever is greater; landlord must notify tenant within 30 days of receipt
3. ☐ Surety bond posted with the clerk of the circuit court in the county where the dwelling is located — bond must equal the deposits and advance rent held or $50,000, whichever is less, and the landlord must pay 5% simple interest per year to the tenant. A landlord renting in five or more counties may instead use the statutory statewide bond option, capped at $250,000.

Required notice to tenant (within 30 days of receipt):
☐ Written notice of deposit holding method provided to tenant on [__/__/____]
☐ Notice given: ☐ In person ☐ By mail ☐ By e-mail under signed § 83.505 addendum

SECTION 2 — CONDITION RATING SYSTEM

SECTION 3 — MOVE-IN INSPECTION

Move-In Inspection Date: [__/__/____]
Move-In Inspection Time: [____:____] ☐ AM ☐ PM
Inspection Conducted By: [________________________________]
Tenant Present: ☐ Yes ☐ No

3.1 — LIVING ROOM / ENTRY

3.2 — KITCHEN

3.3 — BATHROOM(S)

Bathroom Location: [________________________________]

(Copy this section for each additional bathroom.)

3.4 — BEDROOM(S)

Bedroom Number: [________________________________]

(Copy this section for each additional bedroom.)

3.5 — DINING AREA / HALLWAYS

3.6 — LAUNDRY AREA

3.7 — GARAGE / CARPORT / PARKING

3.8 — EXTERIOR / PATIO / LANAI / POOL

3.9 — SAFETY DEVICES (Florida Requirements)

Florida requires smoke detectors in every sleeping room and in every room in the path of the means of egress (Fla. Stat. § 553.895, Florida Building Code). Carbon monoxide detectors are required in buildings with fossil-fuel-burning appliances or attached garages (Fla. Stat. § 553.885).

3.10 — PLUMBING / HVAC / ELECTRICAL

SECTION 4 — UTILITY METER READINGS AT MOVE-IN

SECTION 5 — KEYS AND ACCESS DEVICES AT MOVE-IN

SECTION 6 — PHOTO / VIDEO DOCUMENTATION LOG (MOVE-IN)

Total photographs: [____] | Video recorded: ☐ Yes ☐ No
Digital files stored at: [________________________________]

SECTION 7 — MOVE-IN AGREED REPAIRS

SECTION 8 — MOVE-IN SIGNATURES

Tenant Signature: __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Tenant Signature (2): __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Landlord / Agent Signature: __________________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

SECTION 9 — MOVE-OUT INSPECTION

Move-Out Inspection Date: [__/__/____]
Move-Out Inspection Time: [____:____] ☐ AM ☐ PM
Inspection Conducted By: [________________________________]
Tenant Present: ☐ Yes ☐ No
Forwarding Address Provided: ☐ Yes ☐ No

Tenant Last Known Mailing Address (for certified mail notice):
[________________________________]
[________________________________]

Tenant Email Address (if Fla. Stat. § 83.505 electronic notice authorized):
[________________________________]

Move-Out Condition Assessment

Utility Meter Readings at Move-Out

Keys and Access Devices Returned

Unreturned key / device replacement cost: $ [________________________________]

Move-Out Photo / Video Documentation

Total photographs: [____] | Video recorded: ☐ Yes ☐ No

SECTION 10 — SECURITY DEPOSIT RETURN PROCEDURE (FLORIDA STATUTORY STEPS)

Step 1: Determine Whether to Impose a Claim

☐ No claim on deposit — Return full deposit (plus interest if applicable) within 15 days after tenant vacates (Fla. Stat. § 83.49(3)(a)).

☐ Landlord intends to impose a claim — Proceed to Step 2.

Step 2: Send Written Notice of Intent to Impose Claim (30-Day Deadline)

CRITICAL: The landlord must send written notice of intent to impose a claim within 30 days after termination. The notice must be sent by certified mail to the tenant's last known mailing address or by e-mail only under a valid, unrevoked § 83.505 addendum.

Required statutory language (Fla. Stat. § 83.49(3)(a)):

"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 from 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]."

☐ Notice of intent to impose claim sent on [__/__/____]
☐ Sent by: ☐ Certified mail ☐ E-mail under signed § 83.505 addendum (transmission evidence retained)
☐ Certified mail tracking number: [________________________________]

Step 3: Tenant Objection Period (15 Days)

The tenant has 15 days from receipt of the notice to object in writing. If the tenant does not object within 15 days, the landlord may deduct the claimed amount.

☐ Tenant objection received: ☐ Yes ☐ No
☐ Date of tenant objection: [__/__/____]
☐ If tenant objected — landlord must resolve through negotiation or file suit

Step 4: Final Deposit Accounting

Final refund / accounting mailed on: [__/__/____]
Method: ☐ Certified mail ☐ First-class mail ☐ Personal delivery

SECTION 11 — MOVE-OUT SIGNATURES

Tenant Signature: __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Tenant Signature (2): __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Landlord / Agent Signature: __________________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

SECTION 12 — FLORIDA COMPLIANCE SUMMARY

Security Deposit — No Statutory Limit

Florida does not impose a statutory limit on the amount a landlord may collect as a security deposit. However, excessive deposits may be challenged as unconscionable.

Distinguishing Ordinary Use from Damage

Chapter 83 does not define “normal wear and tear” in § 83.43. Document condition factually and compare the move-in and move-out evidence. Do not charge the deposit for ordinary deterioration from reasonable use; have Florida counsel evaluate disputed items under the lease and current law rather than relying on a statutory definition that does not exist.

Deposit Holding — Penalties for Non-Compliance

• Section 83.49(2) requires the initial holding-method disclosure in the lease or within 30 days, but the statute does not say that failure to give this initial notice waives a later deposit claim
• Failure to provide the notice of intent to impose a claim within 30 days after termination forfeits the right to impose a claim on or set off against the deposit; the landlord must return the deposit before pursuing a separate damages action
• If the landlord holds the deposit in an interest-bearing account, the tenant is entitled to 75% of the annualized average interest rate or 5% simple interest per year, whichever the landlord selects

Commingling Prohibited

The landlord may not commingle the security deposit with the landlord's personal funds. The deposit must be held in a separate account or posted as a surety bond.

Hurricane / Storm Damage

Florida landlords should note that damage caused by hurricanes, tropical storms, or other natural disasters is generally not chargeable to the tenant. Document any pre-existing storm damage and any storm-related damage occurring during the tenancy separately from tenant-caused damage.

Condominium and HOA Properties

If the rental unit is within a condominium association or homeowners association, additional move-in/move-out inspection requirements may apply under the association's governing documents. Verify any association-required checklists or deposits.

SECTION 13 — RECORD RETENTION

Retain this completed checklist, all photographs, video recordings, receipts, invoices, and correspondence for the period selected by Florida counsel under the current limitations law and the lease. Do not rely on a generic five-year rule; the applicable period depends on the claim and current statute.

☐ Move-in checklist filed
☐ Move-in photographs/video archived
☐ Move-out checklist filed
☐ Move-out photographs/video archived
☐ Deposit holding notice (copy) filed
☐ Notice of intent to impose claim (copy + certified mail receipt) filed
☐ Security deposit accounting filed
☐ Tenant forwarding address on file

This template is provided for informational purposes only and does not constitute legal advice. Florida security deposit law requires strict compliance with statutory notice procedures. Consult a qualified Florida attorney before relying on this document.