contract-law florida deposit
What is acceptable use of security deposits?
<p><strong>Context:</strong> Non-residential Florida Office Space Lease</p>
<p><a href="https://www.akerman.com/a/web/65420/Security-Deposit-Laws-Commercial-Lease-State-Comparison-Chart.pdf" rel="nofollow noreferrer">Akerman indicates</a>:</p>
<blockquote>
<p>Landlords routinely require security deposits from their tenants
before entering into a lease for commercial property. Security
deposits are intended to provide the landlord with protection against
damage to the leased premises and security for the tenant’s payment
obligations under the lease.</p>
</blockquote>
<p><strong>Question:</strong> What, if any, bright lines exist regarding whether a repair is reasonable after the tenant moves out?</p>
<p>In particular: repairs to surfaces such as ceilings, floors, walls, bathroom fixtures.</p>
<p>Is there a general rule of thumb as to what is / is not reasonable?</p>

<h2>What does the lease say?</h2>
<p>The deposit was collected for a reason, what was it?</p>
<p>Whether it can be used to effect repairs and to what extent should be spelled out in the lease.</p>

<blockquote>
<p>Question: What, if any, bright lines exist regarding whether a repair
is reasonable after the tenant moves out?</p>
<p>In particular: repairs to surfaces such as ceilings, floors, walls,
bathroom fixtures.</p>
</blockquote>
<p>Unless the lease specifically says so, no, there are no bright line rules. This said, usually non-residential leases spell out standards related to this issue at considerable length. It would be the rare exception for a lease to be silent on the subject unless the premises were extremely primitive and low in value (e.g. vacant land or a parking lot in a rural area).</p>
<blockquote>
<p>Is there a general rule of thumb as to what is / is not reasonable?</p>
</blockquote>
<p>The general rule of thumb is that damage in excess of reasonable wear and tear, and substantial changes to the premises that were not authorized by the lease, are damages that the landlord can recover from the tenant and can use as a basis to make deduction from the security deposit.</p>
<p>This is not a bright line rule and is instead, a general &quot;standard&quot;.</p>
