Florida Security Deposit Demand Letter
The Florida deadline, precisely
The rule: 15 (30 to send notice of a claim) under Fla. Stat. § 83.49. The clock generally starts when you actually surrender the unit — keys back, belongings out — rather than the date printed on the lease.
Fifteen days to return the deposit in full. If the landlord intends to keep any of it, they have 30 days to send certified written notice of the claim — and if they miss that, they forfeit the deduction.
The deadline is satisfied by either sending the money or sending a real itemization. A landlord who mails a genuine list of deductions inside the window has met it, even if you think every line is wrong. That moves the argument from "they were late" to "these charges are not legitimate," which is a different and usually winnable fight.
What a late landlord actually owes in Florida
Forfeiture of the claimed deductions; the prevailing party recovers attorney fees.
That exposure is the leverage in your letter. Landlords who ignore a tenant's phone calls tend to respond quickly once a dated letter cites the statute and states the multiplier they are risking. Say it plainly and without threats you will not follow through on: name the amount, name the statute, give a deadline, and state that you will file in County Court, small claims if it passes.
Which deductions are legitimate
No state lets a landlord charge you for normal wear and tear. The line is roughly: deterioration from ordinary living is on the landlord, damage from negligence, abuse, or accident is on you.
- Not chargeable: faded or scuffed paint after a multi-year tenancy, carpet worn in walking paths, minor nail holes, loose grout, worn appliance finishes, dusty blinds.
- Chargeable: burns, pet urine in subfloor, large holes, broken fixtures, missing appliances, unauthorized paint colors, and genuine cleaning beyond broom-clean.
- Prorated: carpet and paint have useful lives. A landlord replacing an eight-year-old carpet cannot bill you for a new one at full price.
Ask for receipts. A deduction with no invoice behind it rarely survives a hearing, and in several states an unsupported charge is itself evidence of bad faith.
Evidence that wins these cases
Deposit disputes are decided on photos and dates. What you want in hand before sending the letter:
- Move-in and move-out photos or video, timestamped.
- The signed lease and any move-in condition checklist.
- Proof of your written forwarding address and the date you sent it — in Florida this is often decisive.
- Every text and email with the landlord about the deposit or the condition of the unit.
- Receipts for cleaning or repairs you paid for yourself.
Easy Legal AI's Case Files tool timestamps and hash-seals each of these as you add it, so the packet you bring to court is organised and tamper-evident rather than a phone roll you scroll through at the podium.
Filing in Florida if the letter is ignored
Florida small claims — the County Court, small claims — hears claims up to $8,000. That ceiling comfortably covers most deposits even after the statutory multiplier, which is why deposit cases are the single most common thing on a small claims docket.
You do not need a lawyer. You need the lease, the photos, the proof of your forwarding address, your demand letter, and proof the landlord received it. Filing fees are typically modest and recoverable if you win. Check the limits in every state if your landlord is out of state.
What the letter should contain
- The property address and the dates of your tenancy.
- The deposit amount and the date you surrendered the unit.
- The date the 15 (30 to send notice of a claim) window expired, calculated explicitly.
- A citation to Fla. Stat. § 83.49 and the penalty it authorises.
- A specific payment deadline — 7 to 14 days is standard — and a delivery address.
- A statement of what you will do next, and nothing you will not actually do.
Frequently asked questions
›How long does a landlord have to return a security deposit in Florida?
›What happens if my Florida landlord misses the deadline?
›Do I have to send a demand letter before suing?
›Can the landlord charge me for cleaning and repainting?
›How much can I sue for in Florida?
›What does Easy Legal AI charge for this?
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