Florida Security Deposit Law: Deadlines, Penalties & How to Get Your Deposit Back
Florida gives a landlord 30 days (30 days to give notice of intent to keep any part; 15 days to return if no deductions) to return your security deposit or send an itemized statement of deductions, under Fla. Stat. § 83.49. If that window has passed and you haven’t been paid, you have leverage — here’s exactly what the statute says and how to act on it.
Florida security-deposit law at a glance
- Deadline to return / itemize
- 30 days
- 30 days to give notice of intent to keep any part; 15 days to return if no deductions
- Bad-faith penalty exposure
- Statutory
- a court may award if it finds bad faith
- Itemization required?
- Yes
- missing the deadline can forfeit the right to withhold
- Attorney’s fees recoverable?
- Yes
- under Fla. Stat. § 83.49
How long does a Florida landlord have?
Under Fla. Stat. § 83.49, a Florida landlord has 30 days (30 days to give notice of intent to keep any part; 15 days to return if no deductions) after your tenancy ends to return your deposit or provide an itemized statement of any deductions. Florida requires that itemized statement when the landlord keeps any part of the deposit. Count from the day the tenancy ended. If the deadline has passed and you haven’t been paid or itemized, your landlord is late — and that’s the leverage your demand letter is built on.
What penalty can a Florida landlord face?
A landlord who keeps a deposit improperly may face the statutory consequences below. Specifically, under Fla. Stat. § 83.49, Florida law lets a tenant seek the right to keep any of the deposit, which the landlord may forfeit if the required notice was not sent in time. Florida requires the landlord to send written notice of intent to keep any part of the deposit within 30 days; the prevailing party in a dispute may recover attorney's fees.
Important: any penalty is something a court may award if it finds the landlord acted in bad faith — it is never automatic, and you would still need to make that case. Florida also lets a prevailing tenant recover attorney's fees.
How to get your deposit back in Florida
- 1. Send a written demand. Put the deadline your landlord missed and the statute (Fla. Stat. § 83.49) in writing, by certified mail with return receipt, so you have proof of the date they received it.
- 2. Keep your records. Move-out photos, the walkthrough checklist, your lease, and proof you gave a forwarding address are your evidence if the landlord disputes the claim.
- 3. If they don’t pay, file in small claims. You can ask a Florida small claims court to order the deposit returned, and — under Fla. Stat. § 83.49 — to seek the right to keep any of the deposit, which the landlord may forfeit if the required notice was not sent in time plus attorney's fees, which the court may award if you prove your case. The small-claims dollar limit varies by court within the state, so check your county’s limit before filing.
Generate your Florida demand letter
Run the free leverage check — enter your deposit and how long it’s been, and we’ll show you exactly how many days past Florida’s 30-day deadline your landlord is and the penalty exposure under Fla. Stat. § 83.49. Then, for a flat $39, get a firm, statute-cited demand letter you send yourself plus a Florida small-claims escalation roadmap. You keep 100% of whatever you recover.
Florida security deposit FAQ
- How long does a landlord have to return a security deposit in Florida?
- Florida law gives a landlord 30 days (30 days to give notice of intent to keep any part; 15 days to return if no deductions) to return the deposit or send an itemized statement of any deductions, under Fla. Stat. § 83.49. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.
- What penalty can a Florida landlord face for wrongfully keeping a deposit?
- Under Fla. Stat. § 83.49, the right to keep any of the deposit, which the landlord may forfeit if the required notice was not sent in time. Florida requires the landlord to send written notice of intent to keep any part of the deposit within 30 days; the prevailing party in a dispute may recover attorney's fees. Any penalty is something a court may award if it finds bad faith — never automatic — and Florida lets a prevailing tenant recover attorney's fees.
- Does my Florida landlord have to itemize deductions?
- Yes. Under Fla. Stat. § 83.49, a Florida landlord must provide an itemized statement of any deductions within the return window. Missing the deadline can forfeit the landlord's right to keep any of the deposit.
- Can I take my Florida landlord to small claims court over my deposit?
- Yes. If your landlord won't return the deposit after a written demand, you can file in Florida small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under Fla. Stat. § 83.49 — to seek the right to keep any of the deposit, which the landlord may forfeit if the required notice was not sent in time plus attorney's fees, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.
Sources
The Florida facts on this page are drawn from Fla. Stat. § 83.49 and the references below. Always confirm the current text of the statute for your situation.