Getting Your Security Deposit Back in Florida
My landlord won't return my deposit — here's what Florida law says and what to do next.
Statute: Fla. Stat. § 83.49
Deadline: 15 days
Penalty: If landlord fails to give required notice within 30 days, the landlord forfeits the right to impose a claim on the deposit
What is getting your security deposit back?
When you move out, your landlord must return your security deposit within a specific timeframe set by your state's law. They can only deduct for legitimate reasons: unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.
Your landlord cannot keep your deposit for normal wear (scuffed floors, faded paint, minor nail holes). Most states require landlords to provide an itemized list of any deductions.
What to Do If Your Landlord Won't Return Your Deposit
Step 1: Before moving out, take photos and video of every room. Date-stamp them. This documents the condition of the unit.
Step 2: Do a walkthrough with your landlord if possible. Get them to sign off on the condition of the unit, or note any disputes in writing.
Step 3: Provide your forwarding address in writing so the landlord knows where to send the deposit.
Step 4: If your landlord doesn't return the deposit within your state's deadline, send a demand letter via certified mail requesting the return.
Step 5: If they still won't return it, file in small claims court. Many states allow you to recover 2-3x the deposit amount as a penalty for wrongful withholding.
How Florida differs from federal law
Florida has specific security deposit rules:
- No statutory cap: Florida does not limit the amount a landlord can charge for a security deposit.
- Return deadline: 15 days if no deductions; 30 days if the landlord intends to make a claim against the deposit (Fla. Stat. § 83.49).
- Written notice required: If the landlord intends to make deductions, they must send a written notice by certified mail within 30 days. The tenant then has 15 days to object.
- Deposit holding requirements: Landlords must hold deposits in a separate account (interest-bearing or non-interest-bearing) or post a surety bond. They must notify the tenant in writing of how and where the deposit is held.
- Penalty: If a landlord fails to return the deposit or provide proper notice, the tenant may recover the full deposit plus court costs and attorney fees.
Additional steps in Florida
Send a demand letter via certified mail. File in Small Claims Court (up to $8,000). If the landlord failed to provide the required notice, you may recover the full deposit. Contact Florida Legal Services at (800) 405-1417.
What you should NOT do
Don't leave without documenting. Without move-out photos, it's your word against the landlord's about the unit's condition.
Don't skip the demand letter. Courts want to see that you tried to resolve it before suing. A certified letter creates a paper trail.
Don't wait too long. Most states have a statute of limitations (2-6 years) for security deposit claims. File promptly.
Don't accept a partial return without reserving your rights. If you cash a partial refund check, note in writing that you're still disputing the deductions.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your security deposit →This page is general legal information for Florida, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Florida.