What Florida requires
- To claim against the deposit, within 30 days after the rental agreement ends the landlord sends the tenant written notice of the intention to impose a claim and the reason for it, by certified mail to the last known mailing address or by e-mail under s. 83.505, in substantially the wording the statute sets outFlorida Statutes s. 83.49 (3) (a)
- If the landlord does not intend to claim against the security deposit, it is returned, with any interest owed, within 15 days after the rental agreement endsFlorida Statutes s. 83.49 (3) (a)
- Unless the written lease says otherwise, a tenant leaving gives at least 7 days' written notice by certified mail or personal delivery, including an address where they can be reached; without it the landlord is relieved of the 30-day claim notice, though the tenant keeps any right to the depositFlorida Statutes s. 83.49 (5)
- A landlord who misses the 30-day notice forfeits the right to impose a claim on the deposit and may not set damages off against it, but may sue for damages after returning the depositFlorida Statutes s. 83.49 (3) (a)
- The tenant has 15 days after receiving the notice to object in writing; without an objection the landlord deducts the claim and sends the balance within 30 days after the date of the notice. Not objecting does not stop the tenant from suing separatelyFlorida Statutes s. 83.49 (3) (b)
- If either side goes to court over the deposit, the winner recovers court costs plus a reasonable attorney's feeFlorida Statutes s. 83.49 (3) (c)
- Notices may go by e-mail only where landlord and tenant signed a lease addendum agreeing to electronic delivery, each giving an e-mail address, in substantially the form the statute sets outFlorida Statutes s. 83.505 (1)
No claim: 15 days. A claim: notice within 30 days
If you do not intend to claim against the deposit, return it with any interest owed within 15 days after the rental agreement ends. To claim against it, send the tenant written notice of your intention to impose a claim and the reason for it within 30 days after the rental agreement ends.
The wording of the notice
The notice contains a statement in substantially the statute's form: the amount claimed and the reason, that it is sent as required by s. 83.49(3), Florida Statutes, that the tenant must object in writing within 15 days after receiving it or the landlord may deduct the claim, and the landlord's address for objections. ReportDraft prints that statement at the top of every Florida statement, with the total of your itemized deductions as the amount.
Certified mail or agreed e-mail
Send the notice by certified mail to the tenant's last known mailing address. E-mail works only where you and the tenant signed a lease addendum agreeing to electronic delivery, each giving an e-mail address, in substantially the statute's form.
After the notice
The tenant has 15 days after receiving the notice to object in writing. Without an objection, deduct the claim and send the balance within 30 days after the date of the notice; not objecting does not stop the tenant from suing separately. If either side goes to court over the deposit, the winner recovers court costs plus a reasonable attorney's fee.
Missing the 30 days, and the tenant's notice
A landlord who misses the 30-day notice forfeits the right to impose a claim on the deposit and may not set damages off against it, but may sue for damages after returning the deposit. Unless the lease says otherwise, a tenant leaving gives at least 7 days' written notice with an address where they can be reached; without it the landlord is relieved of the 30-day claim notice, though the tenant keeps any right to the deposit.
Common mistakes
- Sending the claim by regular mail instead of certified mail.
- Rewording the statutory statement so it leaves out the 15-day objection right.
- Leaving out the address where the tenant can send an objection.
- Missing day 30 and losing the right to impose any claim.
Sources
- Florida Statutes s. 83.49 (3) (a), checked October 9, 2026
- Florida Statutes s. 83.49 (5), checked October 9, 2026
- Florida Statutes s. 83.49 (3) (b), checked October 9, 2026
- Florida Statutes s. 83.49 (3) (c), checked October 9, 2026
- Florida Statutes s. 83.505 (1), checked October 9, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.