Use this security deposit guide to build a clear demand letter for Miami.
Understanding Security Deposit Issues in Miami, Florida
Security deposits represent one of the most common sources of landlord-tenant disputes in Miami-Dade County, where the combination of a transient population, high rental costs, and a diverse housing market creates frequent conflicts over deposit returns. Whether you rented a luxury condo in Brickell, an apartment in Coral Gables, a house in Kendall, or a unit in Miami Beach, Florida law provides specific protections governing how your landlord must handle your security deposit, and strict remedies when those requirements are violated.
Florida Statutes Section 83.49 establishes detailed requirements for security deposits that are among the most prescriptive in the nation. The law mandates how deposits must be held, what notices landlords must provide, how quickly deposits must be returned, and what happens when landlords fail to comply. Unlike many states where security deposit disputes involve subjective determinations about 'normal wear and tear,' Florida's framework creates clear deadlines and procedural requirements that, when violated, entitle tenants to specific remedies.
Many Miami tenants lose security deposits they are legally entitled to recover simply because they do not understand the strict procedural requirements Florida law imposes on landlords. When landlords fail to provide required notices, miss statutory deadlines, or make improper deductions, tenants have powerful legal remedies including recovery of the full deposit, interest, and potentially attorney's fees. A well-drafted demand letter demonstrating knowledge of Section 83.49's requirements often prompts landlords to return deposits rather than face legal consequences for their non-compliance.
This comprehensive guide provides Miami-Dade County tenants with detailed information about Florida's security deposit laws, step-by-step instructions for documenting your move-out and drafting effective demand letters, explanations of critical deadlines and notice requirements, and information about remedies when landlords violate the law. Understanding these protections is essential whether you are planning to move out, have already vacated, or are currently disputing deductions from your returned deposit.
Florida Security Deposit Law for Miami Residents
Florida Statutes Section 83.49 governs security deposits for residential tenancies in Florida, including Miami-Dade County. This comprehensive statute establishes detailed requirements that landlords must follow, and provides specific remedies for tenants when those requirements are violated. Understanding these provisions is essential for any tenant seeking to recover a security deposit.
Section 83.49(1) requires landlords to provide tenants with written notice within 30 days of receiving a security deposit, informing tenants whether the deposit is being held in a separate account or posted as a surety bond, and identifying the financial institution where the deposit is held. This notice requirement applies to all residential tenancies and failure to comply affects the landlord's ability to claim against the deposit.
Section 83.49(2) specifies how security deposits must be held. The landlord has three options: hold the deposit in a separate non-interest-bearing account in a Florida banking institution solely for the benefit of tenants; hold the deposit in a separate interest-bearing account in a Florida banking institution with the tenant entitled to receive 75% of the annualized average interest rate or 5% per year simple interest, at the landlord's option; or post a surety bond with the clerk of the circuit court in the amount of the deposit. The landlord must inform the tenant which option has been selected.
Section 83.49(3) establishes the critical deadlines and procedures for returning deposits after a tenant vacates. The landlord has 15 days after the tenant vacates to return the full security deposit if the landlord does not intend to impose a claim on the deposit. If the landlord intends to impose a claim, the landlord must give the tenant written notice by certified mail within 30 days of the tenant vacating, stating the landlord's intention to retain the deposit or a portion thereof and the reason for retaining the deposit.
The 30-day notice must include the following statement: 'This is a notice of my intention to impose a claim for damages in the amount of [dollar amount] upon your security deposit, due to [reason for withholding]. It is sent to you as required by Section 83.49(3), Florida Statutes. You are hereby notified that you must object to this claim within 15 days from the date you receive this notice. If you do not object, then your landlord will automatically be entitled to the funds. The landlord must use certified mail.'
Section 83.49(3)(a) provides the crucial consequence for landlord non-compliance: 'If the landlord fails to give the required notice within the 30-day period, the landlord forfeits the right to impose a claim upon the security deposit.' This forfeiture provision is powerful; if the landlord misses the 30-day deadline or fails to use certified mail, the landlord loses all right to keep any portion of the deposit, regardless of the property's condition.
Section 83.49(3)(b) provides that if the tenant does not object to the landlord's claim within 15 days of receiving the notice, the landlord may deduct the amount of the claim and return the balance within 30 days. If the tenant objects, the landlord must bring suit within 45 days or forfeit the right to the claim.
Section 83.49(5) establishes that in any court action concerning security deposits, the prevailing party is entitled to receive court costs and reasonable attorney's fees. This fee-shifting provision makes it economically feasible for tenants to pursue even modest security deposit claims through legal action.
Section 83.49(9) provides that no lease provision purporting to waive these security deposit protections is enforceable. Landlords cannot contract around the statute's requirements.
Florida law does not limit the amount a landlord can require as a security deposit, but whatever amount is collected must be handled according to Section 83.49's requirements. Security deposits are not considered advance rent and must be accounted for separately.
The statute distinguishes between 'normal wear and tear' and damage. Normal wear and tear refers to deterioration that results from intended use of the premises and cannot be charged against the deposit. Damage beyond normal wear and tear is chargeable. Florida courts have interpreted normal wear and tear to include minor scuffs, nail holes from normal picture hanging, and gradual carpet wear from normal foot traffic.
Step-by-Step Guide to Security Deposit Demand Letters in Miami
Before vacating, create comprehensive documentation of the property's condition. Take photographs and videos of every room, showing walls, floors, ceilings, fixtures, and appliances. Document any pre-existing damage noted on your move-in inspection report. Photograph the property in its cleaned state immediately before surrendering the keys. This documentation becomes essential evidence if you must dispute deductions.
Locate your original lease agreement, move-in inspection checklist, and any photographs you took when you moved in. Compare the property's current condition to its documented condition at move-in. Identify what changes represent normal wear and tear versus any damage you may have caused. This comparison helps you anticipate potential deduction claims and evaluate their legitimacy.
Give the proper notice required by your lease before vacating. After vacating, provide your landlord with your new forwarding address in writing. Section 83.49(3)(a) requires the landlord to send the security deposit or claim notice to your 'last known mailing address,' so ensure the landlord has your current address. Send this forwarding address via certified mail to create proof of delivery.
After you vacate, mark two critical deadlines on your calendar: 15 days for return of the full deposit if no claim is being made, and 30 days for the landlord to send a claim notice if deductions are intended. If these deadlines pass without receiving your deposit or a proper claim notice via certified mail, the landlord has forfeited the right to retain any portion of your deposit.
If you receive a claim notice, review it carefully for compliance with Section 83.49(3). The notice must: have been sent within 30 days of vacating; have been sent by certified mail; state the specific amount claimed; state the specific reason for each deduction; and include the statutory language advising of your right to object within 15 days. A notice that fails any of these requirements may be invalid.
Assess whether the claimed deductions are legitimate. Compare claimed damage to your move-in and move-out documentation. Determine whether claimed items represent normal wear and tear (not chargeable) versus actual damage (potentially chargeable). Research reasonable costs for any repairs claimed; some landlords inflate repair costs or charge for unnecessary work. Document your analysis.
If you believe deductions are improper, you have 15 days from receiving the notice to object in writing. Failure to object within 15 days allows the landlord to deduct the claimed amount. Your objection should be in writing, state specifically which deductions you dispute and why, and be sent via certified mail. Keep a copy of your objection.
Determine the exact amount the landlord owes you. If the landlord failed to comply with notice requirements, you are entitled to the full deposit. If the landlord complied but made improper deductions, calculate the amount of improper deductions plus any remaining balance not properly claimed. Add interest if the landlord held your deposit in an interest-bearing account.
Prepare a comprehensive demand letter that includes: your name, current address, and contact information; the rental property address; the amount of your security deposit; dates of your tenancy and vacating; a description of the landlord's failure to comply with Section 83.49 (if applicable); specific objections to any claimed deductions; the exact amount you demand; reference to Section 83.49's forfeiture provisions and attorney fee provision; a deadline for response (typically 14 days); and a statement that you will pursue legal action if the demand is not met.
Include copies of: your lease agreement; move-in inspection checklist; move-out photographs and documentation; any claim notice received (to demonstrate compliance failures); your written objection to the claim (if applicable); evidence of providing forwarding address; and any communications with the landlord regarding the deposit.
Send your demand letter via certified mail with return receipt requested to the landlord's address as shown on the lease and any other known addresses. Keep the postal receipt and the green return receipt card when returned. Also send copies via email if you have the landlord's email address.
If the landlord does not respond satisfactorily within your deadline, prepare to file in Miami-Dade County Small Claims Court for deposits up to $8,000. Gather all documentation, organize evidence chronologically, and research court filing procedures. Consider consulting with an attorney, especially given Section 83.49(5)'s attorney fee provision.
Essential Evidence for Miami Security Deposit Claims
Your Lease Agreement: The lease establishes the security deposit amount, terms of tenancy, and the landlord's contact information. Locate your original signed lease and all amendments. Note the deposit amount stated, any provisions about deposit use or return, the landlord's legal name and address for service, and the notice provisions for termination. The lease may not override Section 83.49's requirements, but it establishes the basic facts of your tenancy.
Move-In Inspection Documentation: If you completed a move-in inspection checklist noting pre-existing conditions, this document is crucial evidence that problems existed before your tenancy. Locate any move-in checklist you signed, photographs taken at move-in, emails or letters noting pre-existing issues, and any landlord acknowledgments of prior damage. This documentation defeats claims that damage occurred during your tenancy.
Move-Out Condition Documentation: Comprehensive documentation of the property's condition when you vacated is essential. This includes: photographs and videos of every room, showing walls, floors, ceilings, fixtures, and appliances; documentation of cleaning completed; photos showing normal wear consistent with the tenancy length; and date-stamped evidence proving condition at time of vacating. Take more photos than you think necessary; you can always decide later which to use.
Forwarding Address Notification: Proof that you provided your forwarding address helps establish that any failure to receive notice is the landlord's fault, not yours. Keep copies of any written forwarding address notifications and certified mail receipts if you sent your address via certified mail.
Certified Mail Records: If the landlord sent a claim notice, obtain proof of when it was sent and when you received it. The green certified mail receipt card (PS Form 3811) shows the date you received the notice. USPS tracking records show when the notice was mailed. These dates are critical for determining whether the landlord met the 30-day deadline and calculating your 15-day objection period.
Landlord's Claim Notice: If you received a claim notice, analyze it carefully. Note: the date it was sent (must be within 30 days of vacating); the delivery method (must be certified mail); whether it states specific amounts and reasons for each deduction; and whether it includes the required statutory language about objecting within 15 days. Deficiencies in any of these elements may invalidate the notice.
Your Written Objection: If you objected to the landlord's claim, keep copies of your objection letter and proof of delivery. Note the date you sent it to verify you met the 15-day deadline.
Repair Estimates or Receipts: If the landlord claims you caused damage, research the reasonable cost of repairs. Obtain your own estimates from contractors for comparison. If the landlord provided receipts for repairs, review them critically for inflated costs, unnecessary work, or charges for normal wear items.
Prior Correspondence: Maintain records of all communications with the landlord during and after your tenancy regarding the property's condition, reported maintenance issues, and any discussions about the deposit. Emails, text messages, and letters create a paper trail showing what the landlord knew about property conditions.
Photos of Claimed Damage: If the landlord sent photos claiming to show damage, analyze them carefully. Note whether the photos are date-stamped, whether claimed damage is visible, and whether the depicted conditions represent normal wear and tear. Your move-out photos may contradict the landlord's claims.
Payment Records: Keep records showing you paid the security deposit and in what amount. Bank statements, canceled checks, or receipts establish the deposit amount if disputed.
Timeline Documentation: Create a detailed timeline showing all relevant dates: move-in date, deposit payment date, move-out date, date you provided forwarding address, date claim notice was sent and received, date you objected, and deadlines for each party's required actions. This timeline helps identify procedural violations.
Critical Deadlines for Security Deposit Claims in Florida
Initial Notice Within 30 Days of Receiving Deposit: Under Section 83.49(1), landlords must provide written notice to tenants within 30 days of receiving a security deposit, informing tenants whether the deposit is held in a separate account or posted as a surety bond, and identifying the financial institution. While failure to provide this initial notice does not automatically forfeit the deposit, it affects the landlord's ability to claim against it.
15-Day Full Return Deadline: Under Section 83.49(3)(a), if the landlord does not intend to impose a claim on the security deposit, the landlord has 15 days from the date the tenant vacates to return the full deposit. Missing this deadline when no deductions are intended constitutes a violation of the statute.
30-Day Claim Notice Deadline: This is the most critical deadline in Florida security deposit law. Under Section 83.49(3)(a), if the landlord intends to impose any claim against the security deposit, the landlord must give the tenant written notice by certified mail to the tenant's last known address within 30 days after the date the tenant vacates. The notice must specify the amount claimed and the reasons for the claim. If the landlord fails to give this notice within the 30-day period, the landlord forfeits all right to impose any claim on the security deposit, regardless of actual damage. This forfeiture is automatic and complete.
Tenant's 15-Day Objection Period: After receiving a landlord's claim notice, the tenant has 15 days to object in writing. Under Section 83.49(3)(b), if the tenant fails to object within 15 days, the landlord may deduct the amount claimed and return any remaining balance within 30 days. If you believe deductions are improper, you must object within this 15-day window to preserve your rights.
30-Day Return of Balance Deadline: If the tenant does not object to the landlord's claim within 15 days, the landlord must return any remaining balance of the security deposit (deposit minus claimed amount) within 30 days after the date of the claim notice.
45-Day Lawsuit Deadline for Landlord: Under Section 83.49(3)(c), if the tenant objects to the landlord's claim within the 15-day period, the landlord must institute a lawsuit to recover the claimed amount within 45 days of the tenant's objection, or the landlord forfeits the right to the claim. If you object and the landlord does not file suit within 45 days, the landlord loses the right to retain any of your deposit.
Statute of Limitations for Tenant Claims: For tenants seeking to recover wrongfully withheld deposits, Florida's statute of limitations for breach of written contract (five years under Section 95.11(2)(b)) or statutory violations applies. However, do not wait years to pursue your deposit; act promptly while evidence is fresh and deadlines can be clearly established.
Small Claims Court Filing: Once you determine the landlord has violated Section 83.49, you can file in Miami-Dade County Small Claims Court for deposits up to $8,000. There is no mandatory waiting period, but sending a demand letter first often resolves disputes without litigation.
Typical Timeline: A standard security deposit timeline looks like this: Tenant vacates (Day 0); Landlord must return full deposit if no claim (Day 15); Landlord must send certified mail claim notice if deductions intended (Day 30); Tenant receives claim notice and has 15 days to object (Days 30-45); If no objection, landlord must return balance (Day 60); If objection, landlord must file suit within 45 days of objection or forfeit claim.
Common Mistakes to Avoid in Miami Security Deposit Claims
Not Documenting Property Condition at Move-Out: Many tenants fail to photograph and document the property's condition when they vacate. Without this documentation, it becomes your word against the landlord's if damage claims are disputed. Take extensive photographs of every room, all fixtures and appliances, and any areas of concern. Do this immediately before surrendering keys.
Failing to Provide a Forwarding Address: Section 83.49(3)(a) requires the landlord to send any claim notice to your 'last known mailing address.' If you do not provide a forwarding address and the landlord sends notice to the rental property, you may not receive it in time to object. Provide your new address in writing, preferably by certified mail, when you vacate.
Not Understanding the 30-Day Forfeiture Rule: The most powerful tool in Florida security deposit law is the automatic forfeiture when landlords miss the 30-day notice deadline. Many tenants negotiate over improper deductions without realizing the landlord forfeited all rights by failing to send timely certified mail notice. Before arguing about specific deductions, first determine whether the landlord complied with procedural requirements.
Missing the 15-Day Objection Deadline: If you receive a claim notice and fail to object in writing within 15 days, you waive your right to contest the deductions. The landlord can then simply deduct the claimed amount. Always object in writing within 15 days if you dispute any claimed deduction, even if you plan to negotiate or file suit later.
Accepting Inadequate Partial Refunds: Some landlords return a portion of the deposit hoping tenants will accept it without question. If the landlord failed to comply with Section 83.49's requirements, you may be entitled to the full deposit regardless of any damage. Do not cash partial refund checks without understanding your rights; cashing may be interpreted as accepting the landlord's accounting.
Not Sending Correspondence by Certified Mail: Important communications regarding security deposits should be sent by certified mail to create proof of delivery. This includes forwarding address notifications, objections to claim notices, and demand letters. Verbal communications and regular mail do not provide the proof you may need in court.
Failing to Review the Claim Notice for Deficiencies: When landlords send claim notices, they often fail to comply with Section 83.49(3)'s specific requirements. The notice must be sent by certified mail within 30 days, state specific amounts and reasons, and include the statutory language about objecting. A deficient notice may be invalid, entitling you to the full deposit. Review every claim notice carefully for compliance.
Confusing Damage with Normal Wear and Tear: Landlords often claim amounts for normal wear and tear that cannot legally be charged against deposits. Minor scuffs, small nail holes, gradual carpet wear from normal use, and faded paint from sunlight are generally normal wear and tear. Do not accept deductions for normal wear without objection.
Not Keeping Copies of All Documents: Throughout the tenancy and deposit recovery process, maintain copies of all documents: lease, move-in checklist, move-out photos, forwarding address notification, claim notices, objection letters, and demand letters. If you must file suit, you will need this documentation.
Waiting Too Long to Take Action: While the statute of limitations is several years, waiting too long to pursue your deposit allows memories to fade, documents to be lost, and your case to weaken. Act promptly once you determine the landlord has violated Section 83.49.
Not Knowing the Landlord's Correct Legal Name and Address: Demand letters and lawsuits must be directed to the proper party. If your lease is with an LLC or corporation, identify the correct legal name through Florida Division of Corporations records (Sunbiz.org). Sending demands to the wrong entity delays resolution.
Frequently Asked Questions: Security Deposits in Miami
If your landlord does not intend to make any deductions, the full deposit must be returned within 15 days after you vacate. If your landlord intends to claim any portion of the deposit, they must send you a written claim notice by certified mail within 30 days of vacating. If the landlord fails to send a proper claim notice within 30 days, the landlord forfeits all rights to retain any portion of the deposit, regardless of actual damage.
Under Florida Statutes Section 83.49(3)(a), if the landlord fails to give the required notice within 30 days, 'the landlord forfeits the right to impose a claim upon the security deposit.' This forfeiture is automatic and complete. It does not matter if there was actual damage to the property; procedural non-compliance results in forfeiture. This is a powerful protection for tenants.
Yes. Section 83.49(3)(a) specifically requires that the claim notice be sent by certified mail. A notice sent by regular mail, email, or hand-delivery does not comply with the statute. If your landlord sent a claim notice by any method other than certified mail, the notice may be invalid and the landlord may have forfeited the right to retain any deposit.
The claim notice must state the landlord's intention to impose a claim on the deposit, the specific dollar amount claimed, and the specific reason for the claim. It must also include statutory language advising you that you must object within 15 days or the landlord will be entitled to deduct the claimed amount. A notice missing any of these elements may be deficient.
You must object in writing within 15 days of receiving the landlord's claim notice. Your objection should state specifically which deductions you dispute and why. Send your objection by certified mail to create proof of delivery. Failure to object within 15 days allows the landlord to deduct the claimed amount. If you object, the landlord must file a lawsuit within 45 days or forfeit the claim.
No. Florida law distinguishes between normal wear and tear (not chargeable) and actual damage (potentially chargeable). Normal wear and tear includes minor scuffs, small nail holes from normal picture hanging, gradual carpet wear from foot traffic, and paint fading from sunlight. If your landlord deducted for normal wear and tear, you should object and may recover those deductions.
Yes. Florida Statutes Section 83.49(5) provides that in any court action concerning security deposits, the prevailing party is entitled to receive court costs and reasonable attorney's fees. This fee-shifting provision makes it economically feasible to hire an attorney for security deposit disputes and creates strong settlement incentives for landlords with weak cases.
For security deposits up to $8,000, file in Miami-Dade County Small Claims Court. The main courthouse is at 73 West Flagler Street, Miami, FL 33130, but there are branch courthouses throughout the county. Filing fees range from approximately $55 to $300 depending on the amount claimed. You do not need an attorney in Small Claims Court, though you may hire one.
What to Expect When Settling Security Deposit Disputes in Miami
Settlement expectations for security deposit disputes depend primarily on whether your landlord complied with Section 83.49's procedural requirements. If the landlord failed to send a timely certified mail notice within 30 days of vacating, you have a strong claim to the full deposit regardless of any damage, and settlements should reflect this legal advantage. Landlords who understand the law's forfeiture provision often settle quickly to avoid worse outcomes in court.
When landlords complied with procedural requirements but made improper deductions, settlement negotiations focus on the legitimacy of specific deductions. Claims for normal wear and tear, inflated repair costs, or fabricated damage should be disputed. Compare the landlord's claimed amounts to reasonable repair costs and your move-out documentation. Strong documentation supporting your position increases settlement value.
Florida's attorney fee provision under Section 83.49(5) significantly influences settlement dynamics. Because the prevailing party recovers attorney's fees, landlords facing meritorious claims have strong incentives to settle before litigation begins. Reference this provision in your demand letter. If you hire an attorney, the potential fee liability increases pressure on the landlord substantially.
Typical settlement timelines vary. Some landlords respond promptly to demand letters when they recognize their legal exposure. Others require the pressure of a filed lawsuit before settling. If your landlord ignores your demand letter, filing in Small Claims Court often prompts settlement discussions. Most cases that settle do so within 60-90 days of the initial demand.
When negotiating settlements, consider factors beyond the deposit amount: the strength of your evidence and legal position; the time and effort required to pursue court action; the certainty of a settlement versus uncertainty of trial; and whether you want the dispute resolved quickly. Sometimes accepting slightly less than the full amount is worthwhile for quick resolution; other times, your legal position is strong enough to insist on full recovery.
Document all settlement discussions and get any agreement in writing. A settlement agreement should specify the exact amount to be paid, the payment method and timeline, and whether you are releasing further claims. Do not accept verbal promises; written agreements are essential.
If settlement is not possible and you proceed to Small Claims Court, be prepared for the hearing. Bring organized documentation, including your lease, move-in and move-out photos, the landlord's claim notice (if any), your objection letter, proof of when you vacated, and any correspondence. Present your case clearly and concisely, focusing on the landlord's procedural violations or improper deductions.
Miami Security Deposit Resources and Contacts
Miami-Dade County Small Claims Court: Handles security deposit disputes up to $8,000. Small Claims Court is designed for self-representation, with simplified procedures and no requirement for an attorney.
Main Courthouse: 73 West Flagler Street, Miami, FL 33130
North Dade Branch: 15555 Biscayne Boulevard, North Miami Beach, FL 33160
South Dade Branch: 10710 SW 211th Street, Cutler Bay, FL 33189
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Filing fees range from approximately $55 to $300 depending on claim amount
Legal Services of Greater Miami: Provides free legal assistance to low-income Miami-Dade residents including help with security deposit disputes, eviction defense, and landlord-tenant issues.
Phone: (305) 576-0080
Address: 4343 W. Flagler Street, Suite 100, Miami, FL 33134
Website: legalservicesmiami.org
Florida Bar Lawyer Referral Service: Provides referrals to attorneys who handle landlord-tenant and security deposit cases.
Phone: 1-800-342-8011
Website: floridabar.org/public/lrs
Dade County Bar Association Lawyer Referral Service: Local referrals to Miami attorneys.
Phone: (305) 371-2220
Website: dadecountybar.org
Florida Attorney General Consumer Protection Division: Handles consumer complaints including landlord-tenant disputes. While the AG cannot recover individual security deposits, complaints create records and may prompt investigations of repeat violators.
Consumer Hotline: 1-866-966-7226
Website: MyFloridaLegal.com
Florida Division of Corporations (Sunbiz.org): Look up the legal name and registered agent for landlord business entities.
Website: sunbiz.org
Use this to identify the correct party to sue
Miami-Dade County Property Appraiser: Look up property ownership information to identify landlords.
Website: miamidade.gov/pa
Phone: (305) 375-4712
Better Business Bureau of Southeast Florida: File complaints about landlords who fail to return security deposits properly.
Phone: (561) 842-1918
Website: bbb.org/southeast-florida
Community Justice Project: Provides legal support for tenants facing housing issues.
Phone: (786) 495-0541
Miami Workers Center: Assists with tenant rights issues.
Phone: (305) 571-5107
Florida Rural Legal Services: Free legal assistance to low-income residents in South Florida.
Phone: (561) 582-3918
Website: frls.org
The Rules They Don't Want You to Know
The Clock is Your Weapon
Most states give landlords 21-30 days to return your deposit or provide an itemized list of deductions. Know your state's deadline.
Document Everything
Photos, videos, inspection reports – evidence is king. Got proof? Use it.
Make Them Show Their Math
They can't just pocket your cash. Demand itemized deductions. No receipts? Demand a full refund.
The Security Deposit Power Play
Many states allow for double or triple damages for bad faith retention. Know the law, and don't be afraid to use it.
Florida Security Deposit Laws
Applicable Laws
- Fla. Stat. § 83.49
Small Claims Limit
$8,000
Consumer Protection Agency
Florida Department of Agriculture Consumer Services
Security Deposit Real Talk
When do I send my demand letter?
Day after their legal deadline expires. Not a day later. They're banking on your hesitation.
What if they ghost me?
That's when it gets interesting. Document everything and head to small claims court. The judge won't be impressed by their silence.
What's normal wear and tear?
Minor scuffs, small nail holes, faded paint, worn carpet in traffic areas. Not normal: holes in walls, stains, broken fixtures, or pet damage.
Can they deduct for professional cleaning?
Only if you left the place dirtier than when you moved in. Normal cleaning isn't your responsibility if you left it reasonably clean.
What if I didn't do a move-in inspection?
Makes it harder to dispute pre-existing damage, but not impossible. Photos from online listings, previous tenant testimony, or property age can help.
How much can I sue for?
The deposit amount plus penalties. Many states award 2x or 3x damages for bad faith retention, plus court costs and sometimes attorney fees.
What if my landlord sold the property?
The new owner typically inherits deposit obligations. Both old and new owners may be liable. Check your state's transfer requirements.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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