Florida security deposit law: the 30-day deadline, penalties, and how to get your money back
Under Fla. Stat. § 83.49, your landlord has 30 days after you move out to return your security deposit or send an itemized statement of deductions. Failure to send the claim notice within 30 days forfeits the right to impose any claim on the deposit (the landlord may still sue separately after returning it). Trap: a tenant leaving before the end of the term must give 7 days' written notice with a forwarding address — otherwise the landlord is relieved of the notice requirement.
At a glance
- Return deadline
- 30 days after move-out
- Statute
- Fla. Stat. § 83.49
- Itemized statement
- Required
- Attorney's fees recoverable
- Yes
- Small claims limit
- $8,000 (Small Claims Court)
- Filing fee
- $55–$300 by claim size (county clerk totals)
The 30-day deadline and itemization rules
Return the deposit within 15 days if no claim; otherwise send the claim notice within 30 days stating the amount, the reason, and the exact statutory form language. The tenant then has 15 days after receipt to object in writing; missing the objection window lets the landlord deduct but does not bar a later lawsuit.
The notice must state the amount and reason and use substantially the statutory form wording; receipts are not statutorily required, but case law places the burden of proof on the landlord in court.
Penalties for wrongfully keeping your deposit
No fixed multiplier, but the prevailing party recovers court costs and attorney's fees (Fla. Stat. § 83.49(3)(c)) — a strong settlement lever.
The certified-mail/e-mail notice requirement is the most common landlord failure. Object in writing within 15 days of any claim notice and keep proof of mailing. Small claims courts order mediation at the pretrial conference; the prevailing party recovers costs and attorney's fees (§ 83.49(3)(c)).
Taking your landlord to small claims court
If a demand letter does not resolve the dispute, Florida lets you sue in Small Claims Court for up to $8,000. Filing fees typically run $55–$300 by claim size (county clerk totals), lawyers are optional, and deposit cases are among the most common — and most tenant-friendly — small claims matters.
Frequently asked questions
How long does a Florida landlord have to return a security deposit?
30 days after move-out under Fla. Stat. § 83.49. Return the deposit within 15 days if no claim; otherwise send the claim notice within 30 days stating the amount, the reason, and the exact statutory form language. The tenant then has 15 days after receipt to object in writing; missing the objection window lets the landlord deduct but does not bar a later lawsuit.
What happens if the landlord misses the 30-day deadline in Florida?
Failure to send the claim notice within 30 days forfeits the right to impose any claim on the deposit (the landlord may still sue separately after returning it). Trap: a tenant leaving before the end of the term must give 7 days' written notice with a forwarding address — otherwise the landlord is relieved of the notice requirement.
What penalties does Florida law impose for wrongfully keeping a deposit?
No fixed multiplier, but the prevailing party recovers court costs and attorney's fees (Fla. Stat. § 83.49(3)(c)) — a strong settlement lever.
Can I sue my landlord in small claims court in Florida?
Yes — Small Claims Court handles deposit disputes up to $8,000. Typical filing fees run $55–$300 by claim size (county clerk totals), and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in Florida?
No. Like every state, Florida does not allow deductions for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the statute allows. The certified-mail/e-mail notice requirement is the most common landlord failure. Object in writing within 15 days of any claim notice and keep proof of mailing. Small claims courts order mediation at the pretrial conference; the prevailing party recovers costs and attorney's fees (§ 83.49(3)(c)).
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