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RESOURCES
What to Do If Your Landlord Keeps Your Security Deposit in Florida
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What to Do If Your Landlord Keeps Your Security Deposit in Florida
You moved out. You cleaned the unit. You returned the keys. And now your landlord is keeping your security deposit — or sending you a list of deductions that do not add up.
This is one of the most common tenant complaints in Florida. And in many cases, the landlord is violating the law.
Here is exactly what to do, step by step.
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Step 1 — Check the Deadlines
The first thing to determine is whether your landlord met Florida's legal deadlines.
Under Florida law, your landlord had two options after you vacated:
- Return your full deposit within 15 days if they had no intention of making deductions.
- Send you written notice by certified mail within 30 days itemizing any intended deductions.
If your landlord missed the 30-day deadline for sending notice, Florida law is clear: they forfeit their right to make any deductions and must return your full deposit. This is one of the strongest and most straightforward claims in Florida tenant law.
Check the date you vacated, the date you received any notice from your landlord, and how the notice was sent. Certified mail is required — a regular letter, email, or text message does not satisfy the legal requirement.
Step 2 — Review the Itemization
If your landlord sent a timely notice, review every deduction carefully. Ask yourself:
- Is this damage or normal wear and tear?
- Was this condition present when I moved in?
- Is the amount charged reasonable and proportionate?
- Does the deduction account for the age and condition of the item?
- Is this deduction actually allowed by my lease?
Many landlords charge for things they are not entitled to deduct — repainting, routine cleaning, carpet replacement for normal wear, or repairs that were already needed before you moved in. For a detailed breakdown of what is and is not a legal deduction, see:
What Can a Landlord Deduct From Your Security Deposit in Florida?.
Step 3 — Object in Writing Within 15 Days
If you believe any of the deductions are improper, you must object in writing within 15 days of receiving your landlord's notice. This is a critical deadline. Missing it can affect your ability to challenge the deductions.
Your written objection should:
- Be sent by certified mail with return receipt requested
- Identify each specific deduction you are disputing
- State why each deduction is improper
- Demand return of the disputed amounts
Keep a copy of everything you send and the tracking information for your certified mail.
For a guide to writing an effective demand letter, see:
Florida Security Deposit Demand Letter Guide.
Landlord kept your deposit or made improper deductions? We handle these cases on pure contingency — you pay nothing unless we recover money for you. Call now: (561) 228-6200.
Step 4 — Gather Your Evidence
Whether you are negotiating with your landlord or preparing for a legal claim, documentation is everything. Gather:
- Photos and video from your move-in showing the unit's condition
- Photos and video from your move-out showing the unit's condition
- Your move-in inspection report if one was provided
- Your lease agreement
- All correspondence with your landlord about the deposit
- Proof of the date you vacated
- Proof of your forwarding address provided to the landlord
- Copies of all certified mail receipts
The stronger your documentation, the stronger your case.
Step 5 — Contact an Attorney
If your landlord missed the 30-day deadline, made improper deductions, or refuses to respond to your objection, it is time to consult an attorney.
Florida law allows tenants to recover:
- The full amount wrongfully withheld
- Additional damages in certain circumstances
- Attorney's fees and court costs
The attorney's fees provision is significant. In many cases, your landlord ends up paying the legal costs — not you. At Korte and Associates, we handle security deposit cases on a pure contingency basis, which means there is no financial risk to you in having us evaluate your claim.
What If the Amount Is Small?
Some tenants wonder whether it is worth pursuing a small security deposit claim. The answer depends on the facts, but the attorney's fees provision in Florida law means that even smaller claims can be worth pursuing because the landlord may ultimately bear the cost of the legal proceedings.
Contact us for a free consultation and we will give you an honest assessment of your case.
Frequently Asked Questions
My landlord never sent any notice. Can I sue for the full deposit?
If your landlord failed to send written notice by certified mail within 30 days of you vacating, Florida law says they forfeit their right to make any deductions. You are entitled to your full deposit back. Contact us immediately.
My landlord sent a notice but it was not sent by certified mail. Does that count?
No. Florida law specifically requires the notice to be sent by certified mail. A regular letter, email, or text message does not satisfy this requirement. If proper notice was not sent, your landlord may have forfeited their right to make deductions.
How long do I have to sue my landlord for my security deposit?
Do not wait. Florida statutes of limitations apply to these claims and the clock starts running from the date of the violation. Contact an attorney as soon as possible after your deposit is withheld.
Can I sue in small claims court without an attorney?
Yes, Florida small claims court handles security deposit disputes. However, having an attorney significantly increases your chances of recovery, and because we work on contingency, there is no upfront cost to you.
