Florida security deposit law: deadline, deductions and penalties
Quick answer
In Florida, a landlord has 30 days to return the security deposit or send an itemized list of deductions (Fla. Stat. § 83.49). Under Florida law, the tenant can recover the amount wrongfully withheld, and the court may award costs or attorney's fees.
Checked against the statute on October 29, 2026.
30
days for a Florida landlord to return the deposit or itemize deductions
The deadline
With no deductions, the landlord has 15 days to return the deposit. To keep any part, the landlord must send written notice of the claim by certified mail within 30 days.
What the landlord must send you
Written notice of the intended claim and the reason, by certified mail to the tenant's last known address. The tenant then has 15 days to object.
If the landlord misses the deadline
A landlord who does not send the notice within 30 days forfeits the right to impose a claim upon the deposit (Fla. Stat. § 83.49(3)(a)).
Penalty for wrongful withholding
In a lawsuit over the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee (Fla. Stat. § 83.49(3)(c)).
Read the law
Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.
Florida security deposit FAQ
How long does a landlord have to return a security deposit in Florida?
With no deductions, the landlord has 15 days to return the deposit. To keep any part, the landlord must send written notice of the claim by certified mail within 30 days.
What must a Florida landlord send when keeping part of the deposit?
Written notice of the intended claim and the reason, by certified mail to the tenant's last known address. The tenant then has 15 days to object.
What happens if a Florida landlord misses the deadline?
A landlord who does not send the notice within 30 days forfeits the right to impose a claim upon the deposit (Fla. Stat. § 83.49(3)(a)).
What is the penalty for wrongfully keeping a security deposit in Florida?
In a lawsuit over the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee (Fla. Stat. § 83.49(3)(c)).
How do I get my security deposit back in Florida?
Give your landlord a forwarding address in writing, wait for the 30 days deadline, then send a demand letter by certified mail that cites Fla. Stat. § 83.49 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.
Related guides
- How to get your security deposit back from a landlord
- Security deposit demand letter: what to include and how to send it
- Normal wear and tear vs. damage: what a landlord can deduct
- Suing a landlord in small claims court for a security deposit
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