How Long Does a Florida Landlord Have to Return a Security Deposit?
If a landlord does not intend to make a claim on the deposit, section 83.49(3)(a), Florida Statutes, requires its return within 15 days after the rental agreement ends. A landlord who intends to keep any part must send written notice of the claim within 30 days, or the right to claim against the deposit is forfeited.
Section 83.49(3) sets the timeline once a tenant vacates at the end of the rental agreement. When the landlord does not intend to impose a claim, the deposit, plus any interest otherwise required, must be returned within 15 days after the rental agreement terminates.
A landlord who intends to keep part of the deposit must send written notice within 30 days after termination. The notice goes by certified mail to the tenant's last known mailing address or by email under section 83.505, which applies only when the parties have signed a rental agreement addendum electing email notices. It must state the reason for the claim, using language substantially in the form set out in the statute.
The tenant then has 15 days after receiving the notice to object in writing. Without a timely objection, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice. A tenant who does not object still keeps the right to seek damages in a separate action.
A landlord who misses the 30 day notice period forfeits the right to impose a claim on the deposit. That landlord may still file an action for damages after returning the deposit. If either side sues over the deposit, the prevailing party is entitled to court costs and a reasonable attorney fee. Deposit questions often come up at the same time as the eviction process.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.
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