Florida security deposit law
Your questions about getting a deposit back in Florida
Ten questions Florida renters ask most, each answered against Florida law. Start anywhere.
- How long does a landlord have to return a security deposit in Florida?Florida law gives your landlord 15 days if nothing is withheld and 30 days when deductions are claimed after move out to return your deposit, with an itemized statement of any deductions, under Fla. Stat. § 83.49. Miss the deadline and the landlord loses legal ground and can owe forfeiture of the entire deposit.
- What should I do if my landlord won't return my deposit in Florida?Build the paper trail: confirm your forwarding address in writing, then send a demand letter by certified mail citing Fla. Stat. § 83.49 and the 30 days deadline. A statute-cited demand is the step that moves most cases, and it sets up County Court if needed.
- Can I sue my landlord over my security deposit in Florida?Yes. County Court in Florida handles deposit disputes up to $8,000, no lawyer required. But send a formal demand letter first: it is the step judges expect, and it resolves most cases before filing.
- What can a landlord deduct from a security deposit in Florida?In Florida, generally only unpaid rent, damage beyond normal wear and tear, and other charges the lease and Fla. Stat. § 83.49 actually allow, each listed in an itemized statement. Ordinary wear, worn carpet, faded paint, small nail holes, cannot be charged to you.
- Can I get more than my deposit back in Florida?Yes, in the right case: a Florida landlord who misses the deadline can forfeit the entire deposit under Fla. Stat. § 83.49, and courts add costs.
- What if my landlord never sent an itemized statement in Florida?That is a violation in Florida: Fla. Stat. § 83.49 requires an itemized statement of deductions within 30 days, and skipping it can forfeit the landlord's right to keep anything.
- What counts as normal wear and tear in Florida?The deterioration of normal living: worn carpet paths, faded paint, minor scuffs, small nail holes. In Florida, landlords cannot deduct for it under Fla. Stat. § 83.49; they can only charge for damage beyond it.
- Can my landlord charge me more than my security deposit in Florida?Only for documented damage that genuinely exceeds the deposit, with itemization and proof. In Florida, a bill beyond your deposit for routine cleaning or ordinary wear is challengeable the same way a withheld deposit is.
- Do I need a lawyer to get my security deposit back in Florida?No. Florida deposit disputes are built for self-representation: a statute-cited demand letter resolves most cases, and County Court handles the rest up to $8,000 without attorneys.
- How do I write a security deposit demand letter in Florida?Cite Fla. Stat. § 83.49, state the 30 days deadline and the date it passed, itemize the amount owed, set a 10 to 14 day response date, and send it certified mail. Specific beats angry: the statute does the threatening for you.
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