Security Deposit Not Returned in Florida: What Can I Do?
Florida law sets deadlines for getting your security deposit back after you move out. This page covers what your landlord must do, when they must act, and how to go to court if you disagree. It does not cover how much your landlord can charge for a deposit or where they must keep it. Those rules apply when you move in, not when you move out.
-
The rules on this page apply to most Florida rentals, like apartments and houses. They do not apply to hotel or motel stays. They also do not apply to housing where a public program sets the rent or deposit amount. This includes housing that the government helps pay for.
✓ Sources checked September 24, 2026
-
Unless your written lease says otherwise, tell your landlord in writing where they can reach you after you move out. Send this by certified mail or hand it to them, at least 7 days before you leave. This applies if you leave before the lease ends or rent with no fixed end date, such as month to month. If you skip this, your landlord does not have to send you the deduction notice. You still keep your right to your deposit. Texts and emails you save are a record too.
✓ Sources checked September 24, 2026
-
If your landlord does not plan to keep any part of your deposit, Florida law requires them to return it within 15 days. This 15-day count starts on the day your lease ends.
✓ Sources checked September 24, 2026
-
If your landlord plans to keep part of your deposit, they have 30 days after your lease ends to mail you written notice. The notice must go by certified mail to your last known mailing address, or by email under Florida's e-notice law. It must state how much money your landlord wants to keep and the reason for keeping it.
✓ Sources checked September 24, 2026
-
If your landlord misses this 30-day deadline, Florida law says they lose the right to keep any part of your deposit at all. They must return your full deposit to you. This is true even if your landlord has a good reason to make a claim against your deposit. Losing this right does not stop your landlord from suing you later for damage to the home.
✓ Sources checked September 24, 2026
-
If you get this notice, you may disagree with the amount your landlord wants to take out of your deposit. If so, you have 15 days to object in writing. That 15-day count starts on the day you receive the notice. Send your written objection to the address your landlord listed in the notice itself.
✓ Sources checked September 24, 2026
-
If you do not object in time, your landlord is allowed to take the amount they claimed out of your deposit. They must then send you whatever is left within 30 days after the date printed on their notice. This final payment covers whatever amount your landlord did not claim as damage.
✓ Sources checked September 24, 2026
-
Missing the 15-day window to object does not take away your right to sue your landlord for your deposit later. Florida law says a late objection does not give up your right to ask a court for the money in a separate case.
✓ Sources checked September 24, 2026
-
If you and your landlord cannot agree, either of you can file a lawsuit asking a court to decide who should get the deposit. This works the same whether you are asking for your deposit back or your landlord is trying to keep it.
✓ Sources checked September 24, 2026
-
If you win in court, the judge will usually order your landlord to pay your court costs and a reasonable fee for your lawyer. If your landlord wins the case instead, you may have to pay their court costs and their lawyer's fee.
✓ Sources checked September 24, 2026
-
If your landlord sells the property or changes who manages it, the new owner or manager takes over the duty to return your deposit. This includes any interest already earned on it. Selling the property does not free your old landlord from responsibility for any deposit rule they broke while they still held your money. Florida law assumes the new owner already has your deposit money, up to the amount of 1 month's rent.
✓ Sources checked September 24, 2026
-
If you renew your lease, Florida law treats the renewal as a brand new rental agreement. Any deposit money carried into the new lease counts as a new security deposit. The same rules and deadlines apply again when that new lease ends.
✓ Sources checked September 24, 2026
Is something on this page wrong or out of date? Tell us.