Florida Security Deposit Law (Statute 83.49)

What the Law Requires

Florida Statute 83.49 is clear about what landlords must do with your security deposit after you move out:

If No Deductions

The landlord must return your entire deposit within 15 days of the lease ending.

If Claiming Deductions

The landlord must send a written notice by certified mail within 30 days, including:

An itemized list of each deduction
The amount claimed for each item
A statement that you have 15 days to object in writing

What Happens If They Miss the Deadline?

If your landlord fails to provide proper notice within 30 days, they forfeit the right to claim any deductions from your deposit.

This is one of the strongest protections in Florida law. A landlord who doesn't send timely notice loses their ability to keep any of your money for damages, cleaning, or other claims.

Your 15-Day Right to Object

If you receive a deduction notice from your landlord, you have 15 days from receiving it to object in writing. If you don't object within this window, the landlord may proceed with the deductions.

Your objection should be sent via certified mail, clearly stating which deductions you disagree with and why.

Normal Wear and Tear

Landlords cannot deduct for normal wear and tear. This includes:

Normal Wear (Not Deductible)

Minor scuffs on walls
Carpet wearing in high-traffic areas
Faded paint from sunlight
Small nail holes from pictures
Worn door handles or hinges
Minor scratches on appliances

Damage (Potentially Deductible)

Large holes in walls
Stains that require carpet replacement
Broken windows or doors
Pet damage beyond normal wear
Unauthorized modifications
Missing fixtures or appliances

Triple Damages for Bad Faith

If a landlord acts in bad faith by wrongfully withholding your deposit, you may be entitled to three times the amount wrongfully withheld, plus court costs and reasonable attorney's fees.

Bad faith typically means the landlord knew they had no valid claim to your deposit but kept it anyway, or deliberately failed to follow the required procedures.

Small Claims Court

If your landlord refuses to return your deposit after receiving your demand letter, you can file in Florida Small Claims Court.

Key Facts

Maximum claim: $8,000 (plus court costs)
Filing fees: $55 to $300 depending on amount
No attorney required: You can represent yourself
Typical timeline: Hearing within 30-60 days of filing

Read the Full Statute

You can read Florida Statute 83.49 in full on the official Florida Legislature website:

Florida Statute 83.49 - Official Text

When to Consult an Attorney

While many deposit disputes can be resolved without a lawyer, you should consider consulting an attorney if:

Your claim exceeds $8,000 (beyond small claims limit)
Your landlord has also filed claims against you
Complex lease terms are in dispute
You're facing retaliation or harassment
The property is commercial rather than residential

Florida Security Deposit Law

Key Deadlines Your Landlord Must Meet