Florida Security Deposit Demand Letter
Direct answer
In Florida, the landlord must return the deposit within 15 days (no deductions claimed) or 30 days (landlord intends to impose a claim; written notice of intention to impose a claim (certified mail or email) is due within this window, or the right to impose a claim is forfeited) or 30 days (tenant did not object in writing within 15 days after receiving the notice; the landlord deducts the claim and remits the balance within this window). The deadline is measured from this trigger: 15 days (no deductions claimed): Termination of the rental agreement; 30 days (landlord intends to impose a claim; written notice of intention to impose a claim (certified mail or email) is due within this window, or the right to impose a claim is forfeited): Termination of the rental agreement; 30 days (tenant did not object in writing within 15 days after receiving the notice; the landlord deducts the claim and remits the balance within this window): the date of the landlord's notice of intention to impose a claim. 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 (landlord intends to impose a claim; written notice of intention to impose a claim (certified mail or email) is due within this window, or the right to impose a claim is forfeited); trigger: Termination of the rental agreement |
| Deadline (branch 3) | 30 days (tenant did not object in writing within 15 days after receiving the notice; the landlord deducts the claim and remits the balance within this window); trigger: the date of the landlord's notice of intention to impose a claim |
| 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." "...the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages." (§ 83.49(3)(b))
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) | County filing fee: $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 | Official court website Court page check not recorded |
| Broward County | Seventeenth Judicial Circuit – Broward County Court, Small Claims (County Civil) Division, Fort Lauderdale | $8,000 (statewide) | County filing fee: $55 (up to $100); $80 ($101-$500); $175 ($501-$2,500); $300 ($2,501-$8,000) | Yes | Official court website Court page check not recorded |
| Palm Beach County | Fifteenth Judicial Circuit – Palm Beach County Court, Small Claims Division, West Palm Beach | $8,000 (statewide) | County filing fee: $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 | Official court website Court page check not recorded |
See all 67 county small claims courts and filing fees
Free Florida template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Florida law (Fla. Stat. § 83.49), a landlord must return the deposit or respond in writing within [15 days / 30 days, see the note above] after [the event listed in the note above].
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.
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.
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.
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.
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.
What is the small claims limit in Florida?
See the applicable court limits and jurisdictions in the state court guide. Florida small claims courts and filing fees
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.
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.
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