How do I dispute a security deposit return in Florida?

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Florida security-deposit law is found in Fla. Stat. § 83.49 (part of the Residential Landlord and Tenant Act).

1. Two Deadlines

15 days — If the landlord does not intend to claim any deduction, the full deposit must be returned within 15 days of lease termination.

30 days — If the landlord intends to keep all or part, they must send a written notice of claim by certified mail to the tenant's last known mailing address within 30 days of move-out.

2. Required Notice Language

The 30-day notice must include the statutorily prescribed language warning the tenant they have 15 days to object in writing. If the landlord fails to send this notice within 30 days, they forfeit the right to make any deductions and must return the entire deposit.

3. Interest on Deposit

If the deposit is held in an interest-bearing account, the tenant is entitled to at least 75% of the annualized interest or 5% simple interest, at the landlord's option (§ 83.49(1)(b)).

4. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, costs of damage beyond ordinary wear and tear. Prohibited: routine cleaning, repainting after a long tenancy, ordinary wear and tear.

5. Tenant Objection & Remedies

If the tenant timely objects in writing, the landlord cannot deduct without filing suit. Florida law allows the prevailing party in any deposit dispute to recover attorney's fees under § 83.49(3)(c). There is no automatic 2x/3x multiplier.

6. Small Claims Court

Disputes up to $8,000 are heard in county court small claims division. The statute of limitations is 5 years on written contracts (Fla. Stat. § 95.11(2)(b)) or 4 years on oral.

This is legal information, not legal advice.