Florida Security Deposit Laws & Demand Letter

The Florida security deposit deadline

Under Fla. Stat. § 83.49, a Florida landlord has two options after a tenant vacates the rental:

1. Return the full deposit within 15 days if no deductions are being claimed; or
2. Send a written notice of intent to impose a claim within 30 days, identifying the amount and reasons for any deductions.

If the landlord misses both windows, they generally forfeit any right to deductions and owe the tenant the full deposit. The relevant statutory language reads:

(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall 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 from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. (b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.

Source: Fla. Stat. § 83.49

Damages and remedies

Florida does not provide a statutory multiplier for the deposit itself. If the landlord fails to give written notice of intent to impose a claim within 30 days of move-out, OR fails to return the undisputed portion within the statutory window, the landlord forfeits the right to claim any portion of the deposit. The prevailing party in any deposit action is entitled to reasonable attorney's fees and court costs.

Attorney's fees: Florida law provides that the prevailing party in a deposit dispute is entitled to recover reasonable attorney's fees and court costs. This is a meaningful pressure point in your demand letter.

What to do next

1. Confirm your deadline. Use the calculator above with your move-out date.
2. Send a certified demand letter. A formal, statute-cited demand sent via USPS Certified Mail creates a documented record and is what most landlords respond to.
3. Wait 7-14 days. If no response, send a follow-up notice escalating the demand.
4. Consider small-claims court. Florida small-claims court handles disputes up to $8,000. A clean case packet (lease, photos, certified-mail receipts, statute citation) is what wins these.

Common questions