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Coverage

Rental deposit

Florida security deposit return — Fla. Stat. § 83.49

Sub-nationalUS-FLRead off primary law

Florida

Rule id
deposit.us-fl
Version
1.0.0
In force from
July 1, 2024
Last read against its sources
August 5, 2026
Countries bound
United States

In plain language

What this regime says.

Florida gives a landlord 15 days to deal with a security deposit after the tenancy ends. A written itemised statement of deductions is mandatory. Missing the deadline does not multiply the award here, but it does strip the landlord of the right to keep anything and exposes the landlord to your attorney's fees.

Who is covered

Residential tenants in Florida whose landlord has kept some or all of a security deposit.

What you get

The wrongfully withheld part of your deposit, plus your reasonable attorney's fees.

Where claims go wrong

  • Waiting. The limitation period runs from the day the deadline was missed, not from the day you noticed.
  • Accepting a partial payment marked "full and final settlement" without reserving your rights in writing.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Fla. Stat. § 83.49Florida Statutes, ch. 83, part II (Residential Tenancies)URL verified 2026-08-05§ 83.49(3)
  2. Fla. Stat. § 83.49(3)(a)Florida StatutesURL verified 2026-08-05§ 83.49(3)(a) — 15-day refund, 30-day notice of claim, forfeiture
  3. Fla. Stat. § 83.49(3)(c)Florida StatutesURL verified 2026-08-05§ 83.49(3)(c) — prevailing party's costs and attorney's fees
  4. Fla. Stat. § 83.491Florida StatutesURL verified 2026-08-05§ 83.491 — fee in lieu of a security deposit

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

  • US small-claims jurisdictional limits and filing feesState judiciary self-help and court-administration pagesretrieved 2026-08-05

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Landlord's deadline to account for the depositFla. Stat. § 83.49 gives the landlord 15 days from 2026-07-09 to return the deposit and account for any deductions.Fla. Stat. § 83.49 — § 83.49(3)Response due
  • Landlord's deadline to deliver the itemised statement§ 83.49(3)(a): to keep anything, the landlord must send written notice of its intention to impose a claim, by certified mail to your last known mailing address or by email under § 83.505, within 30 days of termination — in the exact statutory form. "If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit."Fla. Stat. § 83.49 — § 83.49(3)Response due
  • Florida limitation period for a deposit claimFatal if missedFive years on a written lease under Fla. Stat. § 95.11(2)(b). A claim framed purely on statutory liability is four years under § 95.11(4)(e), so do not let it run past four. The clock runs from 2026-07-24, the day the landlord's own deadline expired.Fla. Stat. § 95.11 — § 95.11(2)(b)Limitation period

What it entitles you to, beyond money

  • Court costsFla. Stat. § 83.49 lets you recover your court costs as well as the deposit. Claim the filing fee and service costs expressly in the particulars.§ 83.49(3)
  • Reasonable attorney's feesFla. Stat. § 83.49 shifts your reasonable attorney's fees onto the landlord. Say so in the demand letter — the prospect of paying your lawyer is usually more persuasive than the deposit itself.§ 83.49(3)

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

The landlord charges you for ordinary wear and tear

high likelihood

The landlord bills you for repainting, carpet cleaning, or "making good" the unit, treating ordinary deterioration as damage.

What answers it

Florida does not allow a deposit to be applied to normal wear and tear. Florida has no statutory definition of normal wear and tear for deposits — the standard is judge-made. Argue it the ordinary way: deterioration from living in the unit as intended is not damage, and the landlord must show the condition is worse than time and ordinary use would produce. Ask the landlord to identify, item by item, what exceeds that standard, and to produce the move-in condition record that shows the item was not already worn when you took possession.

Fla. Stat. § 83.49 — § 83.49(3)

"The carpet/paint had to be replaced"

high likelihood

The landlord charges the full cost of a new carpet, new paint or a new appliance against your deposit.

What answers it

A tenant is not liable for the full replacement cost of an item that was already part-way through its useful life. The recoverable figure is the depreciated value of the remaining life, not a new-for-old replacement. Ask for the installation date and the invoice; carpet is conventionally depreciated over five to ten years and interior paint over two to four. A landlord who cannot date the item cannot prove the loss, and in a deposit case the landlord carries the burden.

Fla. Stat. § 83.49 — § 83.49(3)

"We never received a forwarding address"

high likelihood

The landlord says it could not return the deposit because it did not know where to send it.

What answers it

Produce the written record — the email, the text, the certified-mail receipt, the notice-to-vacate that carried the address, or the change-of-address confirmation from the postal service. A landlord who received the address and did nothing cannot rely on this. If the address genuinely was never given, give it now in writing: in most states that starts the clock rather than ending the claim.

Fla. Stat. § 83.49 — § 83.49(3)

"We sent you the itemisation"

high likelihood

The landlord asserts it posted the itemised statement inside the statutory window and that you simply did not receive it.

What answers it

Ask for proof of despatch, not proof of intention: the certificate of mailing, the certified-mail receipt, the tracking number, or the timestamped email. Most deposit statutes require the statement to be sent within the period, and the landlord bears the burden of showing it did so. An unevidenced assertion that a letter was posted is not evidence that it was.

Fla. Stat. § 83.49 — § 83.49(3)

"We had to have the unit professionally cleaned"

high likelihood

A flat "cleaning fee" is deducted whether or not the unit was left dirty.

What answers it

A standing cleaning charge applied to every tenant is not a loss caused by you and is not a permitted deduction. The landlord must show the unit was left less clean than it was at move-in and must produce the invoice for the work actually done. Compare the move-in and move-out condition records; where the landlord did not make a move-in record, it has little with which to prove the difference.

Fla. Stat. § 83.49 — § 83.49(3)

"We sent the notice of intent to impose a claim"

high likelihood

The landlord says the 30-day notice went out and you did not object within 15 days.

What answers it

The statute requires certified mail to your last known mailing address (or email under § 83.505) and prescribes the wording, which must tell you that you have 15 days to object. Demand the certified-mail receipt and the tracking. A notice that was never sent, was sent late, went to the wrong address or omitted the statutory objection wording does not start your 15 days and does not preserve the landlord's claim.

Fla. Stat. § 83.49 — § 83.49(3)

"You broke the lease, so we keep the deposit"

medium likelihood

The landlord treats an early departure as forfeiting the deposit outright.

What answers it

A deposit is security for actual loss, not a penalty. Breaking a lease may make you liable for rent until the unit is re-let, but the landlord must mitigate, must itemise what it actually lost, and must still account for the deposit within the statutory period. A blanket forfeiture clause does not survive: deposit statutes are generally non-waivable, so a lease term purporting to let the landlord keep the money regardless is unenforceable.

Fla. Stat. § 83.49 — § 83.49(3)

"You paid a fee in lieu of a deposit, so there is nothing to return"

medium likelihood

The landlord points to a monthly non-refundable fee under § 83.491.

What answers it

A § 83.491 fee is genuinely non-refundable, but the section carries its own duties: the agreement must carry the disclosure "THIS FEE IS NOT A SECURITY DEPOSIT", the landlord must notify you within 30 days after the tenancy ends of any amount it says you owe, must wait at least 15 days before claiming on the insurance, and must give you itemised documentation with evidence of the damage. And if any part of what you paid was in fact a deposit, § 83.49 applies to that part.

Fla. Stat. § 83.491 — § 83.491

Where to take it next

  1. Written demand to the landlordSend a dated letter that quotes Fla. Stat. § 83.49, states the date the statutory clock started and the date it expired, sets out the sum claimed, and gives a deadline of 14 days. Send it by a method that produces proof of despatch. Most deposits come back at this stage, because the letter shows the landlord you know the deadline it missed.Claim directtypically 14 days
  2. Florida Department of Agriculture and Consumer ServicesFDACS handles consumer complaints and can mediate, but cannot order a deposit returned. Useful as a paper trail before the county court claim.Regulatortypically 60 daysofficial page
  3. Florida County Court, small claims divisionBinding on themThe claim limit is USD 8,000 and the filing fee is around USD 170. County court civil jurisdiction generally runs to USD 50,000 (§ 34.01), so a larger deposit claim still has a home. Filing fees under § 34.041 are USD 75 up to USD 500, USD 170 up to USD 2,500 and USD 295 up to USD 15,000. Bring the lease, the deposit receipt, your move-in and move-out photographs, the forwarding-address proof and your demand letter.Small claimstypically 90 daysofficial page

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNationalCzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: high

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.