Florida security deposit law: deadlines, the landlord's notice and how to object

In Florida, a landlord who keeps nothing must return your security deposit within 15 days after the lease ends.¹ A landlord who wants to keep part of it must, within 30 days, send you a written notice of the claim and the reason, by certified mail or by e-mail where the statute allows it.¹ You then have 15 days to object in writing.² A landlord who misses the 30-day notice loses the right to deduct anything from the deposit and must return it in full, although they may still sue you separately for damages.¹ Below: the timeline, the notice you should receive, how to object, and what happens if it goes to court.

The timeline after you move out

Give your new address. If you leave early or end a periodic tenancy without at least 7 days' written notice (by certified mail or personal delivery) that includes where you can be reached, the landlord is relieved of the 15/30-day notice duty, unless your written lease provides otherwise. You do not lose your right to the deposit itself.³ The statute's own disclosure also tells tenants to give the landlord their new address.⁴

The notice the landlord must send

The notice goes by certified mail to your last known mailing address, or by e-mail as provided in section 83.505.¹ It must state the amount claimed and the reason, and it must contain a statement in substantially this form:¹

This is a notice of my intention to impose a claim for damages in the amount of [amount] upon your security deposit, due to [reason]. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to [landlord's address].

If the notice is late or never comes, the landlord "forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit," but may file an action for damages after returning the deposit.¹

How to object

Object in writing, within 15 days after you receive the notice, at the address the notice gives.² Say which items you dispute and why: damage that was already there, ordinary wear, cleaning you did, an amount that is too high. If you do not object in time, the landlord may deduct the claim, but you keep the right to sue for the money in a separate action.²

[Your name] [Your address, e-mail]

[Date]

[Landlord's name] [Address stated in the notice]

Re: Objection to claim on security deposit, [rental address]

Dear [name],

I received your notice of intention to impose a claim on my security deposit on [date]. Under section 83.49(3)(b), Florida Statutes, I object to the claim of $[amount] [in full / in part].

[Item]: [why you dispute it, for example: "the stain was recorded in the move-in photos of [date], copy enclosed"].

Please return my deposit of $[amount] [less $[undisputed amount]] to [address / account]. If we cannot resolve this, I will ask the court to decide, and the prevailing party is entitled to court costs and a reasonable attorney's fee under section 83.49(3)(c).

Sincerely,

[Your name]

Send it by certified mail with a return receipt, or by a method you can prove, and keep a copy.

If it goes to court

• The winner's costs are paid by the loser. In a case about the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee, and the court must give the case priority on its calendar.⁵ This cuts both ways: a weak claim can cost you the landlord's legal fees.
• Most deposit disputes fit in small claims. Florida's small claims rules cover claims for money up to $8,000, exclusive of costs, interest and attorney's fees.⁶ See Small claims court in Florida for the fees and steps.

How the landlord must hold your deposit

The landlord must keep the deposit in a separate account at a Florida financial institution, without mixing it with other money, or post a surety bond.⁷ If the account pays interest, or the landlord posts a bond, you are owed interest: at least 75 percent of the account's average rate or 5 percent simple interest per year, at the landlord's choice, or 5 percent with a bond.⁷ Interest is paid or credited against rent at least once a year.⁸

A landlord who rents five or more units must tell you in writing, in the lease or within 30 days of receiving the deposit, where it is held, whether you earn interest, and the statutory disclosure about the 30-day notice and your 15-day objection.⁴

When the property is sold

On a sale or change of rental agent, the deposits and any interest must be transferred to the new owner or agent with an accounting.⁹ The new owner is presumed to have received your deposit, up to one month's rent.⁹

Before you pay for a lawyer, check your case

Tell Savion what happened. It reads section 83.49 against your dates and tells you:

• whether the landlord's notice came in time and in the required form;
• how many days you have left to object;
• your objection letter, filled in with the items you dispute, ready to sign.

If your case does need a lawyer, Savion writes a one-page summary of the facts and the law, so that a free consultation is spent on your case rather than on retelling it.

Savion gives legal information, not legal advice. The statements above are based on the statutory text listed under References, as retrieved on 25 October 2026. Section 83.49 does not apply to hotels and motels or to most public and federally regulated housing.¹⁰ For your specific situation, read the section or speak to a Florida-licensed attorney.

References

1. Fla. Stat. § 83.49(3)(a) (return within 15 days if no claim; written notice of intention to impose a claim within 30 days by certified mail or by e-mail under § 83.505, in the prescribed form; forfeiture of the right to impose a claim if notice is not timely given). Official text: The Florida Legislature, Online Sunshine, leg.state.fl.us. Accessed October 25, 2026. ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸

2. Fla. Stat. § 83.49(3)(b) (tenant's written objection within 15 days of receipt; deduction and remittance of the balance within 30 days of the notice; failure to object does not waive the tenant's right to sue). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩ ↩² ↩³ ↩⁴ ↩⁵

3. Fla. Stat. § 83.49(5) (tenant's 7 days' written notice by certified mail or personal delivery, with an address, when vacating early or ending a periodic tenancy; effect on the landlord's notice duty). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩

4. Fla. Stat. § 83.49(2) (written notice of where the deposit is held, interest, and the statutory disclosure; not applicable to landlords renting fewer than five units). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩ ↩²

5. Fla. Stat. § 83.49(3)(c) (prevailing party entitled to court costs and a reasonable attorney's fee; the court shall advance the cause on the calendar). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩

6. Fla. Sm. Cl. R. 7.010(b) (small claims rules apply to civil actions in county court demanding money or property not exceeding $8,000 exclusive of costs, interest and attorneys' fees). Florida Small Claims Rules, version of July 1, 2026, published by The Florida Bar, floridabar.org (PDF). Accessed October 25, 2026. ↩

7. Fla. Stat. § 83.49(1)(a)–(c) (separate account in a Florida financial institution or surety bond; no commingling; interest at 75 percent of the annualized average rate or 5 percent simple interest; 5 percent with a bond). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩ ↩²

8. Fla. Stat. § 83.49(9) (interest paid or credited at least once annually). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩

9. Fla. Stat. § 83.49(7) (transfer of deposits on sale or change of agent; rebuttable presumption of receipt limited to one month's rent). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩ ↩²

10. Fla. Stat. § 83.49(4) (section does not apply to transient rentals by hotels or motels, or where rent or deposit is regulated by a public body, including federally regulated housing programs, other than rent stabilization). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩