Florida security deposit law
What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.
A formal letter citing Fla. Stat. § 83.49, sent certified mail for you. Takes about 3 minutes.
Deadline to return
15 days
Governing statute
Fla. Stat. § 83.49
The deadline
Under Fla. Stat. § 83.49, a landlord in Florida must return your security deposit — together with any required written itemization of deductions — within 15 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.
15 days to return the deposit if no claim is made; if the landlord intends to claim against it, written notice by certified mail is due within 30 days.
What it costs your landlord
Under Fla. Stat. § 83.49, a landlord who wrongfully withholds a deposit in Florida may be liable for forfeiture of the right to impose any claim against the deposit if the notice requirements are not met. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.
What your landlord may deduct in Florida
Amounts the landlord claims against the deposit, stated in a written notice of intention to impose a claim.
Fla. Stat. § 83.49
Ordinary wear and tear
Florida's structure is procedural rather than substantive — the strong protection is the notice duty and what happens when the landlord misses it.
What a compliant itemization has to contain
Written notice by certified mail to the tenant's last known mailing address, within 30 days, stating the landlord's intention to impose a claim and the reason for it.
A late itemization can cost your landlord everything
A landlord who fails to give the required written notice within 30 days forfeits the right to impose a claim upon the deposit and may not seek a setoff, though they may still bring a separate action for damages after returning the deposit.
You have 15 days to object, but the claim survives missing it
You have 15 days from receiving the landlord's notice to object in writing. Missing it lets the landlord deduct — but § 83.49(3)(b) expressly preserves your right to sue in a separate action, so the claim itself survives.
Read it yourself: Fla. Stat. § 83.49
How to get your deposit back in Florida
- 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Florida that's 15 days.
- 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
- 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
- 4. Send a written demand by certified mail. Cite Fla. Stat. § 83.49, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
- 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.
Get your Florida demand letter sent certified
Answer a few questions and get a formal letter citing Fla. Stat. § 83.49, the deadline your landlord missed, and the penalty they now face. We'll print it and send it by USPS Certified Mail — and the delivery record is dated evidence you can produce if this ever reaches a courtroom.
Start my letterOther Florida tenant rights
Landlords who get one of these wrong often get another wrong too.
Security deposit laws in other states
These rules change at the state line. Every page is checked against that state's own published statute.
Common questions
- How long does a landlord have to return a security deposit in Florida?
- Under Fla. Stat. § 83.49, a Florida landlord has 15 days to return the deposit and provide any required written itemization of deductions.
- What is the penalty if my landlord keeps my deposit in Florida?
- Under Fla. Stat. § 83.49, a landlord who wrongfully withholds may be liable for forfeiture of the right to impose any claim against the deposit if the notice requirements are not met.
- Do I have to sue to get my security deposit back?
- Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.
How this page was checked
- Read from the source. Every deadline, cap and penalty here was taken from the legislature's published text — the statute, session law or administrative code itself.
- No legal-information websites. Commercial summaries were used only to find a provision, never as authority for it. An automated check fails our build if any state we serve cites a secondary source.
- Locked against drift. The verified figures are pinned by regression tests, so a later edit cannot quietly change a deadline or a penalty.
- Last verified September 1, 2026. Laws change — confirm the current text before relying on it.
General information, not legal advice. We are not a law firm.
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