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.
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.
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.
Generate your Florida demand letter — free
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. Free to generate and download.
Start my letterCommon 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?
- Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.
Statute text verified against the published source on July 29, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.