DisputeKit / Florida
How long does a Florida landlord have to return a security deposit?
15 days to return the deposit in full, or 30 days to send an itemized claim. Under Florida Statutes § 83.49 (2026), a landlord must send the tenant written notice, by certified mail or e-mail, of the intention to impose a claim on the deposit and the reason for it within 30 days. The clock runs from the end of the rental agreement, which may differ from your move-out date. If they miss that deadline, they lose the right to keep any part of the deposit.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The clock runs from the termination of the rental agreement, which may differ from the move-out date.
- After a timely claim notice, the tenant has 15 days from receiving it to object in writing; the landlord must return any balance within 30 days after the date of the notice.
- If a tenant who left early or on a periodic tenancy did not give at least 7 days' written notice including a forwarding address, the landlord is relieved of the notice requirement, but the tenant keeps any right to the deposit.
What Florida law says about deductions and your rights
- Florida's statute sets no multiple-damages penalty; in a court action over the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee.
- If the tenant does not object within 15 days of receiving the claim notice, the landlord may deduct the claim, but the tenant can still sue separately for a refund.
- Interest is owed only if the landlord holds the deposit in an interest-bearing account or posts a surety bond.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Florida is $8,000 in county court small claims (excluding costs, interest and attorney's fees), and the filing fee is $50 to $295 depending on the claim amount (statutory maximums in Fla. Stat. § 34.041), plus service costs.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock runs from the end of the rental agreement, which may differ from your move-out date
- Count 30 days from that date to find the deadline (15 days if the landlord deducts nothing)
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Florida?
The clock runs from the end of the rental agreement, which may differ from your move-out date.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Do I need a lawyer?
Not usually. Small claims court in Florida is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.