Landlord Won't Return Security Deposit - Florida (55 replies)

Moved out of my apartment in Coral Gables on June 30th. Gave proper 60-day notice, left the place spotless (have photos and videos), and did a walkthrough with the property manager who said everything looked great.

Security deposit was $2,400 (one month's rent). It's now been 18 days and I haven't heard anything. No deposit, no letter, nothing. Landlord won't return my calls or texts.

Questions:

• What's the actual deadline for returning deposits in Florida?
• Does the landlord need to send something in writing?
• What are my options if they just ghost me?

I really need this money for my new place. Any help appreciated.

Florida has very specific security deposit rules under Florida Statute 83.49. Here's what your landlord is required to do:

If NO claim against deposit: Return the full deposit within 15 days after you vacate.

If claiming deductions: Send written notice by certified mail within 30 days stating:

• Intent to impose a claim on the deposit
• The specific reason for the claim
• Required statutory language: "This is a notice of my intention to impose a claim for damages in the amount of $____ upon your security deposit. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days..."

Critical point: If the landlord fails to send proper notice within 30 days, they forfeit the right to make ANY claim against your deposit. Period. The condition of the unit becomes irrelevant.

I went through this exact situation last year. Landlord tried to keep $1,800 of my deposit claiming "carpet damage" but didn't send the notice until day 45.

Sent him a demand letter citing 83.49 and explaining he forfeited his right to claim. He ignored it. Filed in small claims, showed up with my certified mail receipts, and judge awarded me the full deposit plus court costs in about 10 minutes.

The 30-day deadline is STRICT. Document everything.

Thank you both! So if I understand correctly - they have until July 30th (30 days from move-out) to send me certified mail if they want to claim anything?

And if they miss that deadline, they owe me the full $2,400 regardless of any damage claims?

Should I wait until after the 30 days to send a demand letter, or should I send something now?

Wait until day 31 to send your demand letter. That way if they try to claim they sent something, you can definitively say you received nothing within the statutory period.

Make sure your demand letter:

• Cites Florida Statute 83.49 specifically
• States the move-out date and that 30 days have passed
• Notes you received no written notice by certified mail
• Demands return of full deposit within 7 days
• States you'll pursue legal action if not received

Send it certified mail, return receipt requested. This creates a paper trail for court.

One thing to add - make sure they have your correct forwarding address. Under 83.49(3)(a), if you don't give them a forwarding address, the landlord's obligation to send notice is "suspended" until you do.

Did you provide a forwarding address in writing when you moved out?

@JaxRenter_2023 Good catch - yes, I included my new address in my move-out notice and on the move-out inspection form. Have copies of both signed by the property manager.

I'll wait until July 31st and send the demand letter on August 1st if I haven't heard anything. Will update this thread.

Similar situation here in Broward County. Landlord sent me a "notice" but it was just a regular letter, not certified mail, and it didn't have the required statutory language about objecting within 15 days.

Does an improper notice count? Or is it like they never sent it?

@FtLauderdale_Tenant - Florida courts have generally held that a notice failing to comply with 83.49 requirements is defective and results in forfeiture of the landlord's right to claim. The statute is very specific:

"The landlord shall give the tenant written notice, by certified mail to the tenant's last known mailing address, of his or her intention to impose a claim on the deposit..."

The notice must also include the exact statutory language about the 15-day objection period. Missing either the certified mail requirement OR the required language = defective notice = forfeiture.

That said, I'd recommend consulting with a local attorney about your specific facts. Some judges may view substantial compliance differently.

Property manager here (I know, I know). Just want to add the landlord perspective - the 30-day rule exists for good reason and most professional PMs follow it religiously.

That said, I've seen landlords lose legitimate damage claims worth thousands because they sent the notice on day 32 or forgot to use certified mail. The statute is unforgiving.

OP - if your landlord is a small-time individual owner, they may not know about the strict requirements. Your demand letter might genuinely be news to them.

UPDATE: Day 33 and still nothing. No certified mail, no check, no communication whatsoever. Sent my demand letter via certified mail yesterday.

Letter included:

• Move-out date (June 30, 2025)
• Deposit amount ($2,400)
• Citation to F.S. 83.49
• Statement that 30 days have passed with no notice
• Demand for full refund within 7 days
• Notice that I'll file in small claims if not received

Fingers crossed this gets their attention.

Keep us posted! In my case the landlord responded to the demand letter within 3 days with a check. I think seeing the statute citation scared him into compliance.

If they don't respond, Florida small claims is pretty tenant-friendly for these cases. Filing fee is around $75-100 depending on the claim amount, and you can add that to what you're owed.

Following this thread because I'm in a similar boat. Hillsborough County, moved out 3 weeks ago, radio silence from landlord.

Question for the attorneys - if the landlord claims they DID send certified mail but I never received it, how does that play out in court? Would the tracking/delivery confirmation prove their case?

@TampaBay_Renter - The landlord would need to prove they sent it. Certified mail creates a paper trail - they'd have the receipt showing it was mailed, and USPS tracking would show delivery status.

If they can show certified mail was sent to your last known address within 30 days, that generally satisfies the requirement even if you claim you didn't receive it. The burden then shifts to show the address was wrong or the mailing didn't actually occur.

If they have no certified mail receipt at all, their claim fails. Most landlords who "forgot" to use certified mail try to argue they sent regular mail - that doesn't count.

UPDATE 2: Got a response! But not what I was hoping for...

Landlord sent me an email (not certified mail, just email) claiming $1,100 in deductions:

• $400 - "carpet cleaning"
• $350 - "paint touch-ups"
• $200 - "general cleaning"
• $150 - "blind replacement"

No receipts, no photos, no invoices. Just a list. And this is AFTER the 30-day deadline AND not by certified mail.

Am I right that this is completely invalid?

That email is legally meaningless for security deposit purposes. Let me count the ways it fails:

1. Not sent within 30 days
2. Not sent by certified mail
3. Doesn't contain required statutory language about 15-day objection period
4. No itemized receipts or documentation

Your landlord forfeited their right to claim against your deposit when they missed the 30-day deadline. Everything after that is irrelevant.

Reply to their email (keep it in writing) stating that per F.S. 83.49, they failed to provide timely written notice by certified mail and have therefore forfeited any right to claim against your deposit. Demand the full $2,400 and state you'll be filing in small claims if not received within 7 days.

Also want to point out - even if they HAD sent proper notice, those deductions look sketchy:

• Carpet cleaning - often considered normal wear and tear unless you caused specific damage
• Paint touch-ups - same thing, minor scuffs from normal use aren't deductible
• General cleaning - if you left it reasonably clean, this is excessive
• Blind replacement - were they actually damaged or just old?

Landlords love padding deductions with "cleaning" and "painting" that would've been done anyway between tenants.

Update on my situation - I disputed my landlord's improper notice and they eventually caved and returned my full deposit. Didn't even have to file in court.

The key was citing the exact statute and showing I knew my rights. Once they realized I wasn't going to just accept their invalid notice, they decided it wasn't worth fighting over.

@MiamiTenant_Frustrated stay strong! The law is clearly on your side here.

UPDATE 3: Filed in Miami-Dade Small Claims Court today. Landlord ignored my last demand letter and the 7-day deadline I gave them.

Filing fee was $80. Claimed $2,400 (deposit) + $80 (filing fee) = $2,480 total. Hearing date is September 22nd.

Brought copies of:

• Original lease showing deposit amount
• Move-out notice with forwarding address
• Move-out inspection form
• Photos/videos of unit condition
• My demand letters (with certified mail receipts)
• Landlord's late email response
• Timeline showing 30-day deadline violation

Nervous but feeling prepared. Will update after the hearing!

Good luck! You have a very strong case. A few tips for the hearing:

• Bring 3 copies of everything - one for you, one for the judge, one for the landlord
• Create a simple timeline on one page showing the key dates
• Let the landlord speak - they'll likely dig themselves deeper
• Don't get emotional, stick to the facts and the statute
• If landlord doesn't show, you'll likely get a default judgment

The judge has seen this a hundred times. Clear 30-day violation = easy ruling.

Following this closely! My landlord finally responded after I sent a demand letter. They're trying to negotiate - offered to return $1,000 of my $1,500 deposit to "avoid court."

I'm torn. They definitely violated the 30-day rule but part of me just wants this over with. Is it worth pushing for the full amount?

@TampaBay_Renter - Personally I'd push back. Counter with full deposit or you'll file. They're offering $1K because they know they'll lose $1,500+ in court.

That said, only you can decide if the stress of small claims is worth $500 to you. Some people just want closure. No judgment either way.

COURT UPDATE - WE WON!

Just got back from the hearing. Landlord showed up with a folder of photos and tried to argue about carpet stains and wall damage. Judge barely looked at them.

Here's basically how it went:

Judge: "Did you send written notice by certified mail within 30 days?"

Landlord: "I sent an email..."

Judge: "That's not what the statute requires. Judgment for the plaintiff."

Awarded full $2,400 plus $80 filing fee. Landlord has 30 days to pay. If he doesn't, I can pursue collection.

Total time in front of judge: maybe 8 minutes. All that stress for 8 minutes!

Congratulations! This is exactly how these cases typically go when there's a clear statutory violation. The 30-day/certified mail requirement is black and white.

For anyone else reading this thread - this is why documentation matters. OP had a clear timeline, kept everything in writing, and could prove the landlord failed to comply. Made the judge's decision easy.

If the landlord doesn't pay within 30 days, you can pursue collection actions including wage garnishment (with another court process) or recording the judgment as a lien.

That's awesome! Congrats on standing up for yourself. Love seeing landlords learn that the law applies to them too.

The 8-minute hearing is typical. Judges know these cases inside and out. They ask one question - did you send proper notice? - and that's usually the whole case.

Update on my situation - I took the advice here and countered with full deposit or I file. Landlord paid in full within a week!

Sometimes you just need to call their bluff. Thanks everyone for the encouragement.

FINAL UPDATE: Check received! Landlord paid the full judgment amount ($2,480) about 3 weeks after the hearing.

Total process from move-out to money in hand: about 3.5 months. Would've been faster if I'd known my rights from day one instead of waiting and hoping.

Key lessons for anyone reading this later:

• Know Florida Statute 83.49 - it's your best friend
• Document EVERYTHING when you move out (photos, videos, walkthrough notes)
• Provide forwarding address in writing
• Track the 30-day deadline religiously
• Send demand letter by certified mail
• Don't be afraid of small claims - it's designed for regular people

Thanks everyone who helped in this thread. Couldn't have done it without you!

Found this thread while researching for my own situation. Just want to say THANK YOU to everyone who contributed. My landlord tried to keep $800 of my deposit for "cleaning" without sending proper notice.

I sent a demand letter citing this thread and F.S. 83.49. Got a check for the full deposit within 10 days. Never even had to file in court.

Knowledge is power!

College student here - this thread is amazing. Our landlord kept deposits from like 5 units in our complex claiming "excessive wear and tear." Nobody got certified mail notices.

We all sent demand letters together (power in numbers!). Landlord caved and returned all deposits to avoid 5 separate small claims cases. Sometimes these landlords are just counting on tenants not knowing the law.

Checking back in on this thread. It's become a great resource.

For any landlords reading - please just follow the statute. It's not that hard:

1. Calendar the 30-day deadline as soon as tenant moves out
2. Document damages with photos within first few days
3. Get repair quotes quickly
4. Send proper notice by certified mail with ALL required language
5. Keep the certified mail receipt forever

The tenants in this thread won because their landlords were sloppy. Don't be sloppy.

Quick question for the group - my landlord sent the notice on day 28 (within the deadline) but it arrived after day 30. Does the postmark date or the delivery date control?

The certified mail tracking shows it was mailed on day 28 but delivered on day 33.

@WestPalm_Tenant - The statute says the landlord must "give" notice within 30 days. Florida courts have generally interpreted this as the mailing date, not the delivery date, for certified mail.

If the landlord can show the certified mail receipt with a postmark/mailing date of day 28, they likely satisfied the deadline. The delivery delay is USPS's issue, not a statutory violation.

That said, if the notice itself was defective (missing required language, wrong claim amounts, etc.), that's a separate issue from timing.

Thanks @FL_RealEstateLaw. That makes sense. Unfortunately the notice itself looks proper - has all the statutory language and was sent certified. Guess I'll have to fight on the merits of their deductions instead.

They're claiming $600 for "carpet replacement" on a 7-year-old carpet. Isn't there something about useful life depreciation?

@WestPalm_Tenant - Yes! Landlords can only charge for the remaining useful life of an item, not full replacement cost. Standard carpet life expectancy is 7-10 years.

If the carpet was 7 years old, it was at or near the end of its useful life anyway. Even if you caused some damage, they can't charge you $600 for replacing something that needed replacement regardless.

Ask for documentation of when the carpet was installed. If they can't prove it was newer, argue depreciation. Many judges are sympathetic to this argument.

Can't believe this thread is still going! Happy to see it helping people.

Just moved into a new place and you better believe I:

• Took 100+ photos on move-in day
• Noted every existing scratch, stain, and imperfection in writing
• Got the landlord to sign the move-in inspection form
• Saved everything to cloud storage

Never going through that deposit drama again. Prevention is easier than cure!