Florida security deposit law, reviewed November 2026
Florida security deposit: what your landlord owes you
Florida landlords must return your deposit within 15 days after the lease ends, or send a written claim notice by certified mail within 30 days. Miss that notice, and they forfeit the right to deduct anything from it.
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Get the full Florida deposit kit for $19
- Your complete demand letter, filled in and citing Florida Statutes 83.49
- A follow-up letter if they ignore the first one
- Step-by-step Florida small claims guide (Florida County Court (small claims))
- Sending and deadline checklist
Your kit
Your Florida deposit kit
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1. Demand letter
2. Follow-up letter (send only if they don't respond)
3. How to send it
- If you object to a claim notice, send this letter within 15 days of receiving it, to the address in the notice.
- Keep a copy of the letter for yourself.
- Send it by certified mail with return receipt, or another trackable method, so you can prove when it arrived. Email a copy too if you've emailed your landlord before.
- Put a reminder on your calendar for the pay-by date in the letter.
- Gather your evidence now: lease, move-in and move-out photos, any move-in checklist, rent receipts, and all messages with the landlord.
4. If they still don't pay: Florida County Court (small claims)
- File a Statement of Claim with the Clerk of the County Court in the county where the property is or where the landlord lives. Claims up to $8,000, not counting costs, interest and attorney's fees.
- Pay the filing fee, which depends on the amount claimed and the county. Ask the clerk about fee waivers if needed.
- Have the landlord served. The clerk will explain the service options in your county.
- Attend every hearing the court schedules. Florida small claims cases typically start with a pretrial conference, and many settle there.
- Bring your lease, photos, proof of when the lease ended, any claim notice and its envelope (the postmark matters), your objection or demand letter, and proof of mailing.
Florida security deposit rules at a glance
| No deductions | Deposit returned within 15 days after the rental agreement ends (s. 83.49(3)(a)). |
|---|---|
| Claiming deductions | Written notice of the claim and reason, by certified mail to your last known address (or email under a signed agreement), within 30 days (s. 83.49(3)(a)). |
| If the notice is late or missing | The landlord forfeits the right to impose a claim on the deposit, though it can sue you separately for damages after returning it. |
| Your objection window | 15 days after you receive the notice, in writing, to the address in the notice. Missing it lets the landlord deduct, but you can still sue later (s. 83.49(3)(b)). |
| Penalty | No multiplier. The winner of a deposit lawsuit gets court costs and reasonable attorney's fees, and that works both ways (s. 83.49(3)(c), s. 83.48). |
| Interest | Only if the deposit is held in an interest-bearing account or the landlord posted a surety bond (s. 83.49(1)). |
| Small claims | County Court small claims, up to $8,000 not counting costs, interest and attorney's fees (Fla. Sm. Cl. R. 7.010). |
Mistakes that cost Florida renters their deposit
- Skipping the 7-day move-out notice. If you leave early or rent month to month, Florida expects 7 days' written notice with a forwarding address. Without it, the landlord isn't held to the 30-day notice rule, so the forfeiture argument may be lost (s. 83.49(5)).
- Missing the 15-day objection window. It runs from when you receive the notice, and an agreed email notice counts as delivered when sent.
- Expecting double or triple damages. Florida doesn't have them. You recover the deposit, and the winner gets attorney's fees, so a weak case can cost you the landlord's fees.
- Assuming forfeiture ends it. A late notice stops deductions from the deposit, but the landlord can still sue you separately for real damage.
Common questions
How long does a Florida landlord have to return a security deposit?
15 days after the lease ends if they don't claim anything. To claim deductions, they must send written notice by certified mail within 30 days (Fla. Stat. 83.49(3)(a)).
What happens if a Florida landlord misses the 30-day notice?
They forfeit the right to impose a claim on the deposit and can't set damages off against it, though they can still sue separately after returning it (Fla. Stat. 83.49(3)(a)).
How long do I have to object to a Florida deposit claim?
15 days after you receive the notice, in writing to the address in the notice (Fla. Stat. 83.49(3)(b)).
Does Florida have a penalty for keeping a deposit?
There's no double or triple penalty. The prevailing party in a deposit lawsuit recovers court costs and reasonable attorney's fees (Fla. Stat. 83.49(3)(c)).
Not legal advice. Deposit Owed is a self-help tool, not a law firm, and no attorney reviews your letter. We summarize the state statute and cite it so you can check it yourself. If your situation is complicated or a lot of money is at stake, talk to a local attorney or legal aid office.