Generate a Florida security deposit demand letter in minutes. Cite Fla. Stat. § 83.49, recover your deposit, and prepare for small claims court if needed.
Generate My Letter — $19If your Florida landlord is holding onto your security deposit after you've moved out, state law is squarely on your side. Florida Statutes § 83.49 sets strict deadlines and notice requirements that landlords must follow to keep any portion of your deposit. Miss those deadlines or skip the required written notice, and the landlord generally forfeits the right to make any claim against your deposit. A well-drafted demand letter that cites the right statute, explains the violation, and sets a clear deadline is often enough to get your money back without going to court. This page explains how Florida's security deposit law works and how a properly written demand letter helps you enforce it.
Florida's security deposit rules live in Fla. Stat. § 83.49, part of the Florida Residential Landlord and Tenant Act. When you move out, your landlord has two paths. If the landlord does not intend to make any claim against your deposit, they must return the full deposit within 15 days after you vacate. If the landlord wants to keep all or part of the deposit for damages, they must send you written notice by certified mail to your last known address within 30 days after you vacate. That notice must state the landlord's intention to impose a claim, the amount, and the reason. The exact statutory language is required: the notice must inform you that you have 15 days to object in writing, or the landlord will deduct the claim and remit the balance. If the landlord fails to send this notice within 30 days, the landlord forfeits the right to impose a claim on the deposit and must return it in full. Normal wear and tear cannot be deducted under Florida law — only actual damages beyond ordinary use, unpaid rent, or other lease-based charges. Landlords who hold deposits in non-interest accounts, interest-bearing accounts, or post a surety bond must also disclose those arrangements in writing within 30 days of receiving the deposit under § 83.49(2). Importantly, § 83.48 allows the prevailing party in any civil action arising from the rental agreement to recover reasonable attorney's fees and court costs, which gives tenants real leverage. If you object to the landlord's claim within 15 days, the dispute typically must be resolved in court before the landlord can keep the disputed funds.
A Florida security deposit demand letter works because it shows the landlord you understand the statute and are prepared to enforce it. The letter should identify the rental property, the move-out date, the deposit amount, and the date you provided your forwarding address (a key trigger under § 83.49). It should then state precisely which deadline the landlord missed — the 15-day full-refund deadline or the 30-day notice-of-claim deadline — and quote the statutory consequence: forfeiture of the right to impose a claim. Attach copies of your lease, move-out inspection, photos, and proof of your forwarding address if available. Demand the full deposit back within a specific window, typically 7 to 10 days, and send the letter by certified mail with return receipt requested so you have proof of delivery. Mention that under Fla. Stat. § 83.48, the prevailing party in court is entitled to reasonable attorney's fees and costs — this often motivates landlords to settle rather than risk a fee-shifting judgment. Keep the tone professional, factual, and free of threats or insults. Many Florida landlords return deposits once they realize the tenant has documented the timeline and cited the correct statute. If the landlord ignores the letter or sends a low-ball partial payment, the demand letter becomes Exhibit A in your small claims case, showing the court you acted in good faith and gave the landlord a clear chance to comply before litigation.
Florida small claims court (county court) handles disputes up to $8,000, not counting interest, costs, and attorney's fees. Filing fees typically range from about $55 to $300 depending on the claim amount and county. Small claims cases are governed by the Florida Small Claims Rules, which require a pretrial conference where the judge encourages settlement or mediation before trial. The statute of limitations for breach of a written lease is 5 years, and 4 years for an oral lease, under Fla. Stat. § 95.11. You can file in the county where the property is located or where the landlord resides. Service of process must follow Florida rules, usually through the sheriff or a certified process server.
Landlord-tenant relationships in Florida are governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. Chapter 83, Part II (§§ 83.40-83.683)). It sets the baseline rules for deposits, repairs, entry, and eviction that a lease cannot lawfully undercut.
No state agency adjudicates residential landlord-tenant disputes; disputes go to county court (eviction) or small claims (deposit/money). The Florida Attorney General handles general consumer complaints, but there is no state rent board or housing tribunal.
A recent change to watch: HB 1417 (effective July 1, 2023) — statewide preemption of local landlord-tenant regulation and increase of the month-to-month termination notice from 15 to 30 days (§ 83.57); the Live Local Act (SB 102, 2023) separately removed the housing-emergency exception to rent-control preemption effective July 1, 2023.
Security deposit: No statutory maximum deposit. Return deadline: 15 days after termination if the landlord imposes NO claim; if the landlord intends to claim, the landlord must send written notice of intent (with reasons) within 30 days by certified mail (§ 83.49). Itemization/reason for the claim is required in the 30-day notice; the tenant has 15 days to object. Penalty: a landlord who fails to give timely notice forfeits the right to claim any of the deposit, and the prevailing party may recover attorney's fees (§ 83.49(3)).
Habitability: Yes — statutory duty to maintain the dwelling (§ 83.51): comply with building/housing/health codes; maintain roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and plumbing in reasonable working condition. For multi-unit buildings the landlord must also provide extermination, locks/keys, clean common areas, garbage removal, functioning heat, running water, and hot water.
Repair and deduct: Not allowed — Florida has NO general statutory repair-and-deduct remedy. The tenant's statutory remedy for a landlord's failure to maintain is to give 7-day written notice and then either withhold rent (raised as a defense under § 83.60) or terminate the rental agreement (§ 83.56(1)).
Rent withholding: Allowed as a defense with strict conditions — the tenant must first deliver written notice specifying the noncompliance under § 83.51(1) and intent to withhold, then wait 7 days for the landlord to cure (§ 83.56(1)). If the landlord files for eviction, the tenant MUST deposit the withheld/accruing rent into the court registry (§ 83.60(2)) or the defense is waived.
Landlord entry / notice: For repairs, the landlord must give at least 24 hours' reasonable notice and enter only between 7:30 a.m. and 8:00 p.m. (§ 83.53(2)) — raised from 12 hours effective July 1, 2022. The landlord may enter without notice in an emergency or when the tenant unreasonably withholds consent.
Retaliation protection: Prohibited under § 83.64. The landlord may not discriminatorily raise rent, decrease services, or bring/threaten a possession action primarily in retaliation. Protected activities include complaining to a government agency about a code violation, complaining to the landlord under § 83.56(1), and participating in a tenant organization. Conduct is presumptively retaliatory if it occurs within roughly 6 months of the protected activity unless the landlord shows good cause. Retaliation may be raised as a defense to a possession action.
Ending the tenancy: Month-to-month: at least 30 days' written notice before the end of a monthly period (§ 83.57, raised from 15 to 30 days by HB 1417 effective July 1, 2023). Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Fixed-term leases expire on their own terms without separate notice unless the lease provides otherwise.
Eviction process: Notice types: 3-day notice to pay rent or deliver possession (nonpayment; excludes weekends/legal holidays, § 83.56(3)); 7-day notice to cure a curable lease violation (§ 83.56(2)(a)); 7-day unconditional notice to vacate for a non-curable or repeat violation (§ 83.56(2)(b)). Court process: an eviction action in COUNTY COURT; the tenant has 5 days (excluding weekends/holidays) to answer and, in nonpayment cases, must deposit disputed rent into the court registry. If the landlord prevails, the clerk issues a Writ of Possession served by the sheriff, after which the tenant generally has 24 hours to vacate. Rough timeline: about 2-4 weeks uncontested.
Rent control: State preemption: § 166.043 preempts local rent control. No Florida city or county may impose rent control on residential property. The former housing-emergency/referendum exception was eliminated by the Live Local Act effective July 1, 2023. Cities with active rent control: NONE.
No state agency adjudicates residential landlord-tenant disputes; disputes go to county court (eviction) or small claims (deposit/money). The Florida Attorney General handles general consumer complaints, but there is no state rent board or housing tribunal.
If eviction is threatened: Notice types: 3-day notice to pay rent or deliver possession (nonpayment; excludes weekends/legal holidays, § 83.56(3)); 7-day notice to cure a curable lease violation (§ 83.56(2)(a)); 7-day unconditional notice to vacate for a non-curable or repeat violation (§ 83.56(2)(b)). Court process: an eviction action in COUNTY COURT; the tenant has 5 days (excluding weekends/holidays) to answer and, in nonpayment cases, must deposit disputed rent into the court registry. If the landlord prevails, the clerk issues a Writ of Possession served by the sheriff, after which the tenant generally has 24 hours to vacate. Rough timeline: about 2-4 weeks uncontested.
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