Security Deposit Return Laws
Once the lease ends and the tenant moves out, the landlord must either[1]:
- Return the deposit within 15 days; or
- Provide a written statement within 30 days explaining their intention to deduct from the deposit and the reasons why.
If the landlord deducts from the deposit, the tenant can object to the deductions within 15 days after receiving the landlord’s written statement. If there are no objections, the deposit balance must be returned within 30 days after the tenant’s receipt of the written statement.[2]
Recovering a Security Deposit
Security deposit disputes can be resolved in small claims court, where tenants can file a claim without hiring a lawyer or going through a costly, formal legal proceeding. Currently, only deposits of $8,000 or less may be recovered in Florida small claims court.[3]
Sample
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[TENANT NAME]
[TENANT ADDRESS]
[TENANT CONTACT INFO]
Date: [DATE]
[LANDLORD NAME]
[LANDLORD BUSINESS NAME (IF APPLICABLE)]
[LANDORD ADDRESS]
Re: Return of Security Deposit
Dear [LANDLORD NAME],
I lived at [RENTAL PROPERTY ADDRESS] from [START DATE] to [END DATE]. Upon entering into the lease agreement, I placed a security deposit in the amount of $[AMOUNT] with you.
More than 30 days have passed since the lease terminated and I vacated the premises, and you have not returned the deposit or provided me written notice of your intention to impose a claim for damages. Under Florida Statute § 83.49(3), you have forfeited your right to retain any funds from the security deposit.
Therefore, please send the full security deposit to me at the following address: [DEPOSIT RETURN ADDRESS].
Sincerely,
________________________
[TENANT NAME]