Security Deposit Law in Florida (Fla. Stat. § 83.49): Deadline and Penalty
In Florida, a landlord has 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) to return a security deposit. 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 penalty 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 |
| 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. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c).
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].
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.
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
What happens if a landlord misses the Florida deposit deadline?
The verified penalty 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).. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 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 trigger is 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. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send a letter that documents the demand and keeps your record tied to the verified Florida deadline.
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.