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Florida · Security Deposit Law

Florida Security Deposit Law: 15 days (no claim) / 30 days (with claim) Return Rule

Florida's security deposit law (Fla. Stat. § 83.49) operates on a two-track notice system. If the landlord makes no claim against your deposit, they must return it within 15 days of you vacating. If they intend to make deductions, they must send written notice of that claim via certified mail within 30 days, and you then have 15 days to object. Failure to follow this procedure means the landlord forfeits any right to keep the deposit.

Key fact: Florida has a two-track system: landlords must return deposits within 15 days if making no claim, or send written notice of any claim within 30 days.

Return deadline

15 days (no claim) / 30 days (with claim)

Statute

Fla. Stat. § 83.49

Small claims limit

$8,000

Florida Security Deposit Penalty

Penalty: Deposit + damages + attorney fees

If the landlord fails to timely notify you of a claim or return the deposit as required by § 83.49, you are entitled to the entire deposit plus damages and attorney's fees.

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Florida Security Deposit FAQs

How long does my Florida landlord have to return my security deposit?

15 days if the landlord makes no claim against the deposit. If deductions are claimed, the landlord must send written notice within 30 days, and you have 15 days to object. Fla. Stat. § 83.49(3).

What is the penalty if my Florida landlord doesn't return my deposit?

A landlord who fails to comply with § 83.49's notice requirements forfeits the right to impose any claim and must return the entire deposit. You can also recover damages and attorney's fees under § 83.49(3)(c).

Do I need a lawyer to send a security deposit demand letter?

No. The § 83.49 process is designed to be navigable without a lawyer. A demand letter documenting the timeline and citing the statute puts landlords on notice that you understand the procedural requirements.

Does a demand letter actually work to get my deposit back?

Yes. Florida landlords are acutely aware that missing the 30-day notice window means they forfeit the deposit entirely. A formal demand letter making that clear often resolves the dispute before it reaches small claims court.

Deadlines and statutes change. Always verify with your local court or legal aid before acting. kweldoc is a document drafting tool, not a law firm.