Florida Security Deposit Demand Letter
In Florida a landlord must return your deposit within 15 days, or send a certified-mail notice of intent to impose a claim within 30 days. Miss the notice, and the landlord forfeits the claim. The prevailing party recovers attorney fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Florida tenant sends a former landlord to recover a security deposit that has not been returned, before filing suit. Florida uses a certified-mail notice process under Fla. Stat. Section 83.49. 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 (Section 83.49(3)(a)). If the landlord does intend 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, using the statute's prescribed notice language. If the landlord fails to give that 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 (Section 83.49(3)(a)). 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 (Section 83.49(3)(a), (b)). Florida law imposes no penalty multiplier, but in any court action over the deposit the prevailing party recovers court costs plus a reasonable attorney's fee (Section 83.49(3)(c)). The deadline to sue on a written lease is five years (Fla. Stat. Section 95.11(2)(b)). DocDraft builds your Florida security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
- 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
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
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
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
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
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
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).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Florida, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Florida Requirements for Security Deposit Demand Letter
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.
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.
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.
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.
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.
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 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.
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)).
Frequently Asked Questions
It is a written demand a Florida tenant sends a former landlord to recover a security deposit the landlord did not return within 15 days, or did not properly claim by certified mail within 30 days, under Fla. Stat. Section 83.49(3)(a). The letter states the amount owed, points out any missed notice, and asks for payment by a set date. It documents that you asked for the deposit before filing suit, and it can serve as your written objection if the landlord did send a notice of intent to impose a claim.
A Florida security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. A court case over a deposit is filed in county court, whose civil jurisdiction reaches $50,000 (Fla. Stat. Section 34.01), with a simplified small claims track for smaller amounts. The demand letter often resolves the dispute on its own, and because Section 83.49(3)(c) awards attorney fees to the prevailing party, it also signals that fighting a clear claim can be costly for the landlord.
In Florida, if the landlord does not intend to impose a claim on the deposit, it must be returned within 15 days after the rental agreement ends (Fla. Stat. Section 83.49(3)(a)). If the landlord does intend to impose a claim, the landlord must instead send a certified-mail notice of that intention and the reason within 30 days. Missing the 30-day notice means the landlord forfeits the right to impose any claim on the deposit, so a demand letter is the usual next step once these windows pass.
If a Florida landlord fails to give the required written notice of intent to impose a claim within the 30-day period, the landlord forfeits the right to impose a claim on the security deposit and may not seek a setoff against it (Fla. Stat. Section 83.49(3)(a)). The landlord may still file a separate action for damages, but only after returning the deposit to the tenant. Your demand letter can point out that the missed notice means the full deposit is due back to you.
Florida law does not impose a statutory penalty multiplier, such as double or triple the deposit, for wrongful withholding under Section 83.49. Its consumer-protective teeth are different: a landlord who misses the 30-day certified-mail notice forfeits the right to impose any claim (Section 83.49(3)(a)), and in any court action to decide the right to the deposit, the prevailing party recovers court costs plus a reasonable attorney's fee (Section 83.49(3)(c)). Your demand letter can note both.
When a Florida landlord sends a proper notice of intent to impose a claim, the tenant has 15 days after receiving it to object in writing to the deduction (Fla. Stat. Section 83.49(3)(a)). If the tenant does not object within that time, the landlord may deduct the claim and must remit any balance within 30 days after the date of the notice (Section 83.49(3)(b)). A written objection, sent promptly, preserves your dispute and can be paired with your demand for the amount you believe is owed.
In Florida, a 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 procedure available for smaller claims. Beyond the deposit itself, Section 83.49(3)(c) lets the prevailing party recover court costs plus a reasonable attorney's fee. The deadline to sue on a written lease is five years (Fla. Stat. Section 95.11(2)(b)).
A Florida demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note whether the landlord missed the 15-day return or the 30-day certified-mail notice under Fla. Stat. Section 83.49(3)(a). If the landlord sent a notice of intent to impose a claim, the letter can double as your written objection. State the exact amount owed, demand payment by a specific date, and note the prevailing-party attorney-fee provision in Section 83.49(3)(c).