Florida Security Deposit Demand Letter

Introduction

Key Things to Know

1. 1

   A security deposit demand letter is a written demand a Florida tenant sends a former landlord to recover a deposit the landlord did not return or properly claim, before filing suit.

2. 2

   If the landlord does not intend to impose a claim on the deposit, the landlord must return it within 15 days after the rental agreement ends (Fla. Stat. Section 83.49(3)(a)).

3. 3

   If the landlord intends to impose a claim, the landlord must, within 30 days after termination, send written notice by certified mail (or e-mail under s. 83.505) stating the intention to impose a claim and the reason, in the statute's prescribed form (Fla. Stat. Section 83.49(3)(a)).

4. 4

   If the landlord fails to give the required written notice within the 30-day period, the landlord forfeits the right to impose a claim on the deposit and may not seek a setoff (Fla. Stat. Section 83.49(3)(a)).

5. 5

   When a proper notice is sent, the tenant has 15 days after receiving it to object in writing; if the tenant does not object, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice (Fla. Stat. Section 83.49(3)(a), (b)).

6. 6

   Florida law imposes no penalty multiplier for wrongful withholding under Section 83.49, but in any court action to decide the right to the deposit the prevailing party recovers court costs plus a reasonable attorney's fee (Fla. Stat. Section 83.49(3)(c)).

7. 7

   The deadline to sue on a written lease is five years (Fla. Stat. Section 95.11(2)(b)); deposit claims are filed in county court, whose civil jurisdiction reaches $50,000 (Fla. Stat. Section 34.01).

Florida Requirements for Security Deposit Demand Letter

• 15-Day Return If No Claim

  In Florida, if the landlord does not intend to impose a claim on the deposit, the landlord must return it within 15 days after the rental agreement ends (Fla. Stat. Section 83.49(3)(a)). Your demand letter should note whether this deadline has passed with no return and no claim notice.

• 30-Day Certified-Mail Notice of Claim

  If the landlord intends to impose a claim, the landlord must, within 30 days after termination, send written notice by certified mail (or e-mail under s. 83.505) stating the intention to impose a claim and the reason, in the statute's prescribed form (Fla. Stat. Section 83.49(3)(a)). The notice must state the amount and the reason for the claim.

• Forfeiture If the 30-Day Notice Is Missed

  If the landlord fails to give the required written notice within the 30-day period, the landlord forfeits the right to impose a claim on the deposit and may not seek a setoff, though the landlord may still sue for damages after returning the deposit (Fla. Stat. Section 83.49(3)(a)). A missed notice means the full deposit is due back.

• Tenant's 15-Day Written Objection

  When a proper notice is sent, the tenant has 15 days after receiving it to object in writing to the deduction (Fla. Stat. Section 83.49(3)(a)). A prompt written objection preserves the dispute; if the tenant does not object, the landlord may deduct the claim.

• Remit the Balance Within 30 Days of the Notice

  If the tenant does not object within 15 days, the landlord may deduct the amount of the claim and must remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim (Fla. Stat. Section 83.49(3)(b)). A balance not remitted on time can be demanded.

• Prevailing-Party Attorney's Fee

  Florida imposes no penalty multiplier for wrongful withholding under Section 83.49, but in any court action to adjudicate the right to the deposit, the prevailing party recovers court costs plus a reasonable attorney's fee (Fla. Stat. Section 83.49(3)(c)). This fee-shifting is a strong reason for a landlord to resolve a clear claim.

• Send With Proof of Delivery and a Forwarding Address

  Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address so the landlord can remit payment. Keep a copy of the letter and the delivery record for a later county court filing.

• Court Venue and Deadline to Sue

  If the demand is ignored, a Florida deposit claim is filed in county court, whose civil jurisdiction reaches $50,000 for actions filed on or after January 1, 2023 (Fla. Stat. Section 34.01), with a simplified small claims track for smaller claims. The deadline to sue on a written lease is five years (Fla. Stat. Section 95.11(2)(b)).