Landlord kept your deposit in Florida? Here's what to do.
Florida law is on your side: your landlord had 30 days under Fla. Stat. § 83.49 to return your deposit or itemize deductions. The playbook below is how tenants actually get the money back — usually without a lawyer.
The four steps, in order
- 1
Pin down the deadline
Count 30 days from your move-out date. Failure to send the claim notice within 30 days forfeits the right to impose any claim on the deposit (the landlord may still sue separately after returning it). Trap: a tenant leaving before the end of the term must give 7 days' written notice with a forwarding address — otherwise the landlord is relieved of the notice requirement. If the deadline already passed with no refund and no itemized statement, write that date down — the missed deadline is often a stronger claim than arguing about any individual charge.
- 2
Gather your evidence
Lease, move-in/move-out photos or video, every message with the landlord, and the itemized statement if you got one. No photos? You are not out of luck — the landlord bears the burden of proving damage beyond normal wear and tear , and Florida has documentation rules working for you: The notice must state the amount and reason and use substantially the statutory form wording; receipts are not statutorily required, but case law places the burden of proof on the landlord in court.
- 3
Send a certified-mail demand letter
A formal letter citing Fla. Stat. § 83.49, disputing improper charges line by line, and giving a 14-day deadline resolves most cases — landlords settle when they see you know the statute. No fixed multiplier, but the prevailing party recovers court costs and attorney's fees (Fla. Stat. § 83.49(3)(c)) — a strong settlement lever. That exposure is your leverage: put it in the letter.
- 4
File in Small Claims Court
If they ignore you, sue in Small Claims Court — up to $8,000, filing fees around $55–$300 by claim size (county clerk totals), no lawyer needed. Bring a numbered evidence binder and a one-page damages summary; deposit cases are among the most tenant-friendly matters on the small-claims docket.
What's actually deductible — and what isn't
Ordinary wear and tear is never deductible: faded paint, small nail holes, carpet worn by normal use. Legitimate deductions are limited to damage beyond normal use, unpaid rent, and charges the statute allows. Flat cleaning fees without receipts, the landlord's own labor billed by the hour with no records, repainting after a multi-year tenancy, and re-renting costs are the charges tenants dispute — and win — most often.
Frequently asked questions
What should I do first if my landlord kept my deposit in Florida?
Check the statutory deadline. 30 days to send written notice of intent to impose a claim — by certified mail or, since 2025, by e-mail if the tenant signed an electronic-delivery addendum (§ 83.505); 15 days to return the deposit if no claim. If the deadline has passed with no refund or itemized statement, that failure itself is often your strongest claim — document the date you moved out and everything you have received since.
Do I need a lawyer to get my deposit back in Florida?
Usually not. Most deposit disputes settle after a formal demand letter citing Fla. Stat. § 83.49, and if not, Small Claims Court (up to $8,000) is designed for self-represented tenants — filing fees run $55–$300 by claim size (county clerk totals).
What if I don't have move-in photos?
You can still win. The burden of proving damage beyond normal wear and tear is on the landlord, and procedural failures — a missed deadline, no itemized statement, no receipts — don't depend on photos. Gather your lease, messages, and any witnesses instead.
What can I recover if the landlord acted in bad faith in Florida?
No fixed multiplier, but the prevailing party recovers court costs and attorney's fees (Fla. Stat. § 83.49(3)(c)) — a strong settlement lever.
Turn this playbook into your case — in 20 minutes
Enter your dates, deposit, and the landlord's charges; get a charge-by-charge analysis against Fla. Stat. § 83.49, a certified-mail-ready demand letter, an evidence pack, and dated next steps.
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