Landlord & Tenant5 min read

Florida Security Deposit Law: The 15- and 30-Day Rules Explained

Florida gives landlords a strict timeline for returning deposits — and gives tenants real leverage when it is missed. What both sides need to know about §83.49.

Modern residential apartment building facade

No landlord-tenant issue generates more disputes per dollar than the security deposit. The amounts are modest, the emotions are not, and Florida Statute §83.49 sets out a timeline strict enough that missing it by days can decide the whole case.

The two clocks every landlord must know

  • 15 days — if the landlord intends to return the full deposit, it must be returned within fifteen days of the tenant vacating.
  • 30 days — if the landlord intends to keep any portion, written notice of the claim must be sent by certified mail within thirty days, stating the reason.
  • Forfeiture — a landlord who misses the 30-day notice window forfeits the right to impose a claim on the deposit, regardless of how legitimate the deductions might have been.

What tenants should do

Leave a forwarding address in writing, document the unit’s condition with photos on move-out day, and calendar the deadlines. If the thirty days pass with no certified-mail notice, you have a strong claim for the full deposit — and §83.49 allows recovery of attorney’s fees, which is what makes these small cases worth pursuing.

What landlords should do

Build the notice into your move-out process, not your memory. Send it certified, itemize honestly, and keep the condition evidence — photos, inspection reports, invoices. The landlords who lose deposit cases rarely lose on the merits; they lose on the timeline.

Deposit cases are almost never decided by who was right about the carpet. They are decided by who followed the statute.

We represent both landlords and tenants in deposit disputes at a flat fee agreed up front. If you are on either side of a deadline, call before it runs.

Duboff Law Firm · North Miami, Florida

This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For advice on your specific situation, contact an attorney.

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