Florida Security Deposit Return Letter

What it is

A Florida security deposit return letter is the letter that accompanies the refund when no claim is made — and, where a claim is made, the process starts with a different document: the written notice of intention to impose a claim on the security deposit under §83.49(3)(a), in substantially the form the statute sets out. Together with the eventual remittance of any balance, those documents are the landlord's proof that the §83.49 procedure — not just the lease — was followed.

When to use it

• At every move-out where a security deposit (or advance rent covered by §83.49) was taken, whether it is returned in full or partly claimed
• Returning the deposit in full — within 15 days after termination of the rental agreement if no claim is intended
• Claiming against the deposit for a reason the landlord can state — the written notice of intention to impose a claim goes out within 30 days after termination
• Closing out a tenancy after a sale or transfer of the property, where deposits were transferred to the new owner or agent under §83.49(7)

What to include — checklist

Print this page to use the checklist on paper.

• Tenant names and the tenant's last known mailing address — the §83.49(3)(a) claim notice is sent by certified mail to that address, or by e-mail in accordance with §83.505
• Property address, including unit, and the date the rental agreement terminated
• Total security deposit received at move-in, and any interest due with it
• If no claim is made: the full deposit (with interest if otherwise required) returned within 15 days after termination
• If a claim is made: the amount claimed and the reason for imposing the claim — §83.49(3)(a) sets out the statement in substantially a statutory form
• In the claim notice: the statement that the tenant must object in writing within 15 days after receiving the notice, and the landlord's address to which the objection must be sent
• The certified-mail receipt (or the §83.505 e-mail record) and a complete copy of the notice kept with the file
• If the tenant does not object in time: the claim deducted and the balance remitted within 30 days after the date of the notice of intention to impose a claim
• Documentation behind each claimed amount — invoices, receipts, photos and the move-in / move-out record the amount rests on
• Landlord or agent signature, date and a contact for questions

Florida-specific requirements

• Florida Statutes §83.49(3)(a): upon the vacating of the premises for termination of the rental agreement, if the landlord does not intend to impose a claim on the security deposit, the landlord must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement.
• Section 83.49(3)(a), claim route: if the landlord intends to impose a claim, the landlord must, within 30 days after termination, provide written notice by certified mail to the tenant's last known mailing address or by e-mail in accordance with §83.505, stating the intention to impose a claim and the reason for it. The notice must contain a statement in substantially the statutory form, including the amount of the claim, the reason, notice that the tenant must object in writing within 15 days after receiving it, and the landlord's address for that objection.
• Section 83.49(3)(a), forfeiture: if the landlord fails to give the required written notice within the 30-day period, the landlord forfeits the right to impose a claim upon the security deposit and may not seek a setoff against it — but may file an action for damages after returning the security deposit to the tenant.
• Section 83.49(3)(b): unless the tenant objects to the claim or its amount within 15 days after receipt of the notice of intention to impose a claim, the landlord may then deduct the amount of the claim and must remit the balance of the deposit to the tenant within 30 days after the date of that notice. A tenant's failure to object in time does not waive the tenant's right to seek damages in a separate action.
• Section 83.49(3)(c): if either party brings an action in a court of competent jurisdiction over the right to the deposit, the prevailing party is entitled to court costs plus a reasonable attorney's fee, and the court advances the cause on the calendar.
• How the deposit had to be held — §83.49(1): in a separate non-interest-bearing account in a Florida financial institution; in a separate interest-bearing account in a Florida financial institution (tenant receives at least 75% of the annualized average interest rate payable on the account, or 5% per year simple interest, whichever the landlord elects); or under a surety bond posted with the clerk of the circuit court in the county where the unit is located, in the total amount of the deposits held or $50,000, whichever is less, with 5% per year simple interest paid to the tenant. The money may not be commingled, or used, until it is actually due the landlord.
• Holding notice — §83.49(2): in the lease or within 30 days after receiving advance rent or a security deposit, written notice stating the depository's name and address (or that a bond is posted), whether the tenant is entitled to interest, and containing the disclosure the section sets out; changes must be notified within 30 days. This subsection does not apply to a landlord who rents fewer than five individual dwelling units.
• Interest — §83.49(9): where interest is required, it must be paid to the tenant or credited against rent at least once annually; no interest is owed to a tenant who wrongfully terminates the tenancy before the end of the rental term.
• The tenant's forwarding-address notice — §83.49(5): except as a written rental agreement otherwise provides, a tenant who vacates or abandons before the end of the term, or at the end of a periodic tenancy, must give at least 7 days' written notice by certified mail or personal delivery before vacating, including the address where the tenant may be reached. Failing to give that notice relieves the landlord of the §83.49(3)(a) notice requirement, but does not waive any right the tenant may have to the deposit.
• Renewals and transfers — §83.49(6)–(7): a renewal is a new rental agreement and a deposit carried forward is a new security deposit; on a sale or transfer of title (or a change of agent) deposits transfer to the new owner or agent with any earned interest and an accurate accounting, and there is a rebuttable presumption the new owner or agent received the deposit, limited to one month's rent.
• No maximum deposit amount is stated in §83.49 — the full section was read for this page and contains no cap. The amount is a matter for the rental agreement; check local ordinances and any housing-program rules that cover the property.

Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

• Treating 30 days as the return deadline — with no claim, §83.49(3)(a) requires return within 15 days after termination
• Deducting first and writing later — a claim requires the written notice of intention to impose a claim within 30 days; missing it forfeits the right to impose a claim on the deposit
• Sending the claim notice by ordinary mail only — the statute requires certified mail to the tenant's last known mailing address, or e-mail in accordance with §83.505
• A vague reason, no amount, or no objection address — the notice must contain a statement in substantially the statutory form
• Deducting and then holding the balance indefinitely — absent a timely objection, the balance must be remitted within 30 days after the date of the claim notice
• Commingling the deposit or spending it during the tenancy — §83.49(1) bars any use until the money is actually due the landlord
• Skipping the §83.49(2) holding notice at move-in and trying to reconstruct where the deposit was held at move-out

Where landlords get this form

These providers publish Florida-specific landlord forms and document tools, including security deposit and move-out documents. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.

Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.

State packs — coming soon

Printable state packs are planned for this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return. Nothing is for sale yet.

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Frequently asked questions

How long does a Florida landlord have to return a security deposit?

Under §83.49(3)(a), within 15 days after termination of the rental agreement if the landlord does not intend to impose a claim — the deposit, together with interest if otherwise required. If a claim is intended, the landlord must instead send the written notice of intention to impose a claim within 30 days after termination.

How does a Florida landlord claim part of the deposit?

Send the written notice of intention to impose a claim within 30 days after termination, by certified mail to the tenant's last known mailing address or by e-mail in accordance with §83.505, stating the amount and the reason in substantially the statutory form. The tenant has 15 days after receiving it to object in writing; if there is no timely objection, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice.

What happens if the landlord misses the 30-day claim notice?

The landlord forfeits the right to impose a claim upon the security deposit and must return it — though §83.49(3)(a) preserves the ability to file a separate action for damages after returning the deposit.

Does Florida cap the security deposit amount?

No maximum amount is stated in §83.49; the amount is a matter for the rental agreement. The statute regulates how the deposit is held (separate account or bond, no commingling), the written holding notice, and the return and claim deadlines. Check local ordinances and program rules for your property.