Florida Security Deposit Law

A plain-English guide to Florida Statute 83.49 and your rights as a tenant.

Key Deadlines Your Landlord Must Meet

15 Days

To return your full deposit if they're not claiming deductions

30 Days

To send written notice by certified mail if they are claiming deductions

These deadlines start from the day you move out (lease termination).

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, and 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

Damages for Bad Faith

If a landlord acts in bad faith by wrongfully withholding your deposit, you may be entitled to damages, 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.

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

Ready to Get Your Deposit Back?

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Related Resources

Florida Security Deposit Deadline

Check your deadline and build your dispute packet

Write a Demand Letter

Create a formal request that gets results

How to Dispute Unfair Deductions

Challenge charges that don't make sense

DepositReady is not a law firm and does not provide legal advice. No outcomes are guaranteed.