Florida security deposit law

Security Deposit Laws in Florida: What Your Landlord Can and Cannot Keep

Your landlord has 15 days under Florida law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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Florida security deposit return timeline

Deadline to return

15 days

Statute

Fla. Stat. § 83.49(3)(a)-(c)

TWO-TRACK — do not read as a single deadline. (1) If the landlord does NOT intend to impose a claim, return within 15 days after termination of the rental agreement (with interest if otherwise required). (2) If the landlord DOES intend to impose a claim, send written notice of the intention and the reason within 30 days after termination, by certified mail to the tenant's last known mailing address or by e-mail per s. 83.505. (3) The tenant then has 15 days after receiving that notice to object IN WRITING. (4) If the tenant does not timely object, the landlord may deduct and must remit the balance within 30 days after the DATE OF THE NOTICE. Failure to give the notice within 30 days FORFEITS the right to impose any claim and bars a setoff, though the landlord may still sue for damages after returning the deposit. SEPARATE CONDITION: a tenant who vacates before the end of the term must give at least 7 days' written notice by certified mail or personal delivery including a contact address; failing to do so relieves the landlord of the (3)(a) notice requirement but does NOT waive the tenant's right to the deposit (§ 83.49(5)). A tenant's failure to timely object does not waive the right to sue separately (§ 83.49(3)(b)).

What can a landlord legally deduct in Florida?

Allowed

  • Amounts properly claimed under a timely written notice of intention to impose a claim — § 83.49 requires the notice to state amount and reason but does not itself enumerate deductible categories

Not allowed

  • Any claim whatsoever where the landlord failed to send the written notice of intention within 30 days after termination — § 83.49(3)(a) forfeits the right to impose a claim and bars any setoff

What if your landlord keeps your deposit wrongfully in Florida?

FLORIDA PROVIDES NO STATUTORY DAMAGES MULTIPLIER under § 83.49. The tenant's remedies are (a) FORFEITURE — failure to give the required written notice within 30 days forfeits the right to impose a claim and bars a setoff, meaning the full deposit is owed back; and (b) FEE-SHIFTING — under § 83.49(3)(c) the prevailing party in an action to adjudicate the right to the deposit is entitled to court costs plus a reasonable attorney's fee, and the court must advance the cause on the calendar. DO NOT assert a 2x or 3x multiplier in a Florida demand letter.

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Fla. Stat. § 83.49(3)(a)-(c) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Florida tenant rights resources

Every fact on this page is verified against Florida's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Florida.

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TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.