Florida Security Deposit Demand Letter
Direct answer
In Florida, the landlord must return the deposit within 15 days (no deductions claimed) or 30 days (deductions claimed). The deadline is measured from this trigger: 15 days (no deductions claimed): Termination of the rental agreement; 30 days (deductions claimed): Termination of the rental agreement. The verified state formula is No statutory multiple-damages/punitive penalty (unlike Massachusetts' 3x). If landlord fails to give the required 30-day notice of intent to claim, landlord forfeits the entire right to impose any claim on the deposit and must return it in full. In any civil action to recover the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee (Fla. Stat. § 83.49(3)(c)). No statutory interest-on-deposit penalty beyond the interest-payment requirement itself (75% of annualized average interest rate on the account, or 5% simple interest per year, if landlord elected an interest-bearing arrangement under § 83.49(1)(b)/(c); many landlords opt out of interest entirely by using a non-interest-bearing account or surety bond, which is legal)..
Key facts
| Deadline | 15 days (no deductions claimed); trigger: Termination of the rental agreement |
|---|---|
| Deadline (branch 2) | 30 days (deductions claimed); trigger: Termination of the rental agreement |
| Penalty formula | No statutory multiple-damages/punitive penalty (unlike Massachusetts' 3x). If landlord fails to give the required 30-day notice of intent to claim, landlord forfeits the entire right to impose any claim on the deposit and must return it in full. In any civil action to recover the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee (Fla. Stat. § 83.49(3)(c)). No statutory interest-on-deposit penalty beyond the interest-payment requirement itself (75% of annualized average interest rate on the account, or 5% simple interest per year, if landlord elected an interest-bearing arrangement under § 83.49(1)(b)/(c); many landlords opt out of interest entirely by using a non-interest-bearing account or surety bond, which is legal). |
| Bad faith required | No |
| Itemization required | Yes |
| Documentation threshold | No dollar threshold - itemization (written notice stating amount and reason for each claimed deduction) is required for any claim against the deposit, regardless of amount, per § 83.49(3)(a). |
| Interest on deposit | Conditional: Interest is due only if the landlord holds the deposit in an interest-bearing account (or local ordinance requires it); non-interest-bearing accounts and surety bonds owe no interest. |
| Maximum deposit | No statutory limit |
| Forwarding address required | No |
| Small claims limit | $8,000statewide in Florida County Court, Small Claims Division (Fla. Small Claims Rules) |
| Statute citation | Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c) |
Statute says
"If the landlord does not intend to impose a claim on the security deposit, the landlord shall return the security deposit... within 15 days after the termination of the rental agreement... If the landlord intends to impose a claim... the landlord shall give the tenant written notice by certified mail... within 30 days after the termination of the rental agreement... If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit."
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c) and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Florida is $1,719 according to U.S. Census Bureau, American Community Survey, Table B25064 (Median Gross Rent) data as of .
- Miami-Fort Lauderdale-Pompano Beach, FL MSA: $1,914
- Tampa-St. Petersburg-Clearwater, FL MSA: $1,729
- Orlando-Kissimmee-Sanford, FL MSA: $1,799
- Jacksonville, FL MSA: $1,564
Example demand basis: a deposit equal to the state median rent starts at $1,719 before applying the state formula: No statutory multiple-damages/punitive penalty (unlike Massachusetts' 3x). If landlord fails to give the required 30-day notice of intent to claim, landlord forfeits the entire right to impose any claim on the deposit and must return it in full. In any civil action to recover the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee (Fla. Stat. § 83.49(3)(c)). No statutory interest-on-deposit penalty beyond the interest-payment requirement itself (75% of annualized average interest rate on the account, or 5% simple interest per year, if landlord elected an interest-bearing arrangement under § 83.49(1)(b)/(c); many landlords opt out of interest entirely by using a non-interest-bearing account or surety bond, which is legal)..
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Miami-Dade County | Eleventh Judicial Circuit – Miami-Dade County Court, Small Claims Division, Miami | $8,000 (statewide) | $55 (up to $100); $80 ($100.01-$500); $175 ($500.01-$2,500); $300 ($2,500.01-$8,000), plus ~$10 summons + ~$40/defendant service fee | Yes | Court site |
| Broward County | Seventeenth Judicial Circuit – Broward County Court, Small Claims (County Civil) Division, Fort Lauderdale | $8,000 (statewide) | $55 (up to $100); $80 ($101-$500); $175 ($501-$2,500); $300 ($2,501-$8,000) | Yes | Court site |
| Palm Beach County | Fifteenth Judicial Circuit – Palm Beach County Court, Small Claims Division, West Palm Beach | $8,000 (statewide) | $55 (up to $100); $80 ($100.01-$500); $175 ($500.01-$2,500); $300 above $2,500 up to limit (schedule shown by Clerk lists prior $5,000 tier; confirm current $8,000 top tier with Clerk) | Yes | Court site |
| Hillsborough County | Thirteenth Judicial Circuit – Hillsborough County Court, Small Claims Division, Tampa | $8,000 (statewide) | $55 (up to $100); $80 ($100.01-$500); $175 ($500.01-$2,500); $300 above $2,500 up to limit | Yes | Court site |
| Orange County | Ninth Judicial Circuit – Orange County Court, Small Claims Division, Orlando | $8,000 (statewide) | $55-$300 tiered by claim amount (statewide fee schedule); $2 optional Small Claims packet | Yes | Court site |
| Duval County | Fourth Judicial Circuit – Duval County Court, Small Claims Division, Jacksonville | $8,000 (statewide) | $55 (up to $100); $80 ($100.01-$500); $175 ($500.01-$2,500); $300 above $2,500 up to limit, plus $10/defendant summons and $40/defendant sheriff service | Yes | Court site |
| Pinellas County | Sixth Judicial Circuit – Pinellas County Court, Small Claims Division, Clearwater | $8,000 (statewide) | $55-$300 tiered by claim amount (see Clerk's official Fee Schedule PDF) | Yes | Court site |
| Lee County | Twentieth Judicial Circuit – Lee County Court, Small Claims Division, Fort Myers | $8,000 (statewide) | $55-$300 tiered by claim amount (exact tiers not published in searched pages; confirm on Clerk's Fees & Costs page) | Yes | Court site |
| Polk County | Tenth Judicial Circuit – Polk County Court, Small Claims Division, Bartow | $8,000 (statewide) | Set per statewide statutory fee schedule ($55-$300 tiers); exact current tiers not itemized on searched Clerk pages, see Clerk's Fees page | Yes | Court site |
| Brevard County | Eighteenth Judicial Circuit – Brevard County Court, Small Claims Division, Titusville | $8,000 (statewide) | $55-$300 tiered by claim amount (statewide fee schedule); exact tiers not itemized on searched Clerk pages, see Clerk's Fees and Charges page | Yes | Court site |
| Pasco County | Sixth Judicial Circuit – Pasco County Court, Small Claims Division, Dade City | $8,000 (statewide) | $55-$300 tiered by claim amount (statewide fee schedule) | Yes | Court site |
| Volusia County | Seventh Judicial Circuit – Volusia County Court, Small Claims Division, DeLand | $8,000 (statewide) | Not itemized on searched Clerk page; per statewide $55-$300 tier schedule, plus $10/defendant summons and $40/defendant sheriff service - confirm with Clerk | Yes | Court site |
Free Florida template, built from verified state data
I am requesting the return of my security deposit. The verified Florida data for this page lists a 15 days (no deductions claimed) or 30 days (deductions claimed) return window and cites Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c).
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Jacksonville have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Florida law and local rules.
Does Miami have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Florida law and local rules.
Does Tampa have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Florida law and local rules.
Does Orlando have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Florida law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Jacksonville, Miami, Tampa, Orlando, Port St. Lucie, St. Petersburg, Cape Coral, Hialeah, Tallahassee, Fort Lauderdale, Pembroke Pines, Hollywood, Palm Bay, Gainesville, Miramar.
Tenant resources
- Florida Law Help (statewide legal aid portal, connects renters to local legal aid providers, eviction self-help tools)legal aid
- Florida Legal Services - Eviction Prevention Projectlegal aid, 1-888-780-0443
- Jax Tenants Uniontenant union in Jacksonville
- Miami Workers Center - Tenant Organizingtenant union in Miami
- Florida Attorney General - Consumer Protection Division (Office of Citizen Services / Fraud Hotline)ag consumer, 1-866-966-7226
- Florida Department of Agriculture & Consumer Services - Division of Consumer Services (1-800-HELP-FLA)ag consumer, 1-800-435-7352