Can a Florida landlord deduct from the deposit for repainting?
Sometimes, but most repainting is normal wear and tear and not deductible. The general Florida rule: a paint job lasts about 3 to 5 years before needing refresh in normal occupancy. If the tenant occupied the unit for that period or longer, repainting at move-out is the landlord's expense (preparing for next tenant), not the tenant's. Deductible repainting includes: nail-hole filling beyond what is reasonable for hanging photos, large patches of crayon or marker, smoke staining requiring extra primer, custom colors the tenant added without permission that need re-coverage. The landlord must provide an itemized invoice or written estimate showing what was painted and why it exceeded normal wear. Charging the full cost of repainting to the tenant when the unit was occupied 2+ years is one of the most-litigated deduction issues in Florida small claims court, and tenants frequently win. Treble damages plus attorney fees if the court finds bad-faith withholding under Fla. Stat. 83.49(3)(c).
Source: Fla. Stat. 83.49(3)
This is an informational answer based on Fla. Stat. 83.49(3) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Florida-licensed attorney.