Last reviewed September 23, 2026 by Jackson McMillan, Florida attorney
The timeline, step by step
- The rental agreement ends
Both of the landlord's clocks start here, at the termination of the rental agreement.
- Day 15
If the landlord isn't claiming any part of the deposit, the full deposit (plus any interest owed) must be returned by now.
- Day 30
If the landlord wants to keep any part of it, a written notice of intent to impose a claim must be sent by this day, by certified mail to your last known mailing address or by e-mail if you both signed an e-mail agreement. No proper notice means the landlord forfeits the right to take anything from the deposit.
- 15 days after you receive a notice
Your deadline to object in writing, at the address given in the notice.
- 30 days after the date of the notice
If you didn't object, the landlord may deduct the claim and must return the balance by now. If you did object, either side may ask the court to decide.
What the landlord's notice must say
Section 83.49(3)(a) requires the notice to be substantially in this form:
This is a notice of my intention to impose a claim for damages in the amount of ____ upon your security deposit, due to ____. 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).
Compare your notice against it. A notice that is missing the amount, the reason, or the warning about your right to object, or that went out after day 30 or by a method the statute doesn't allow, is worth having a lawyer look at.
How to object to a claim
- Object in writing within 15 days of receiving the notice, and send it to the address the notice gives.
- Use a method you can prove, like certified mail with a return receipt. Keep a copy of everything.
- Be specific. Object to the whole claim, or list each charge you dispute and why.
- Attach copies, not originals, of your move-in and move-out photos, inspection sheet, and receipts.
[Your name]
[Your current mailing address]
[Date]
[Landlord or property manager name]
[Address listed in the notice for objections]
Re: Objection to claim on security deposit, [rental property address]
I received your notice of intention to impose a claim on my security deposit on [date received]. The notice is dated [date on notice] and claims [$ amount].
This letter is my written objection under section 83.49(3), Florida Statutes. I object to [the entire claim / the following charges] because [brief, specific reasons: for example, the carpet was eight years old at move-in; the wall marks were there at move-in, see attached photo dated ___].
Please return my full security deposit of [$ amount], plus any interest owed, to the address above.
Sincerely,
[Signature]
Sample for general information. Adjust it to your facts, and get advice if the amount is significant or the lease has unusual terms.
How the landlord must hold your deposit
While you live there, the landlord must keep the deposit in a Florida financial institution, either in a separate non-interest-bearing account, in an interest-bearing account, or by posting a surety bond, and can't mix it with its own money (Fla. Stat. § 83.49(1)). If the deposit earns interest, the statute sets your share, paid or credited at least once a year.
Within 30 days of receiving the deposit, a landlord with five or more rental units must tell you in writing where and how it is held. Failing to give that notice doesn't excuse you from paying rent.
If you moved out early or rented month to month
Unless your written lease says otherwise, a tenant who leaves before the lease term ends, or who has a month-to-month or other periodic tenancy, should give the landlord at least 7 days' written notice before moving out, by certified mail or hand delivery, including an address where the tenant can be reached (§ 83.49(5)). Without it, the landlord is excused from the 30-day notice requirement, but you keep your right to the deposit.
Attorney's fees in deposit cases
The winning side in a deposit dispute is entitled to court costs and a reasonable attorney's fee, whether that is the tenant or the landlord, and a lease can't waive that. Learn more on the security deposit disputes page.