If your landlord wrongfully kept your security deposit, your first instinct might be to send a demand letter yourself. We strongly advise against it — and here is why.

Florida's security deposit law creates strict deadlines and procedural requirements for landlords. When a landlord fails to meet those deadlines or follows the wrong procedures, they are in violation — and that violation is the foundation of your legal case.

The problem with sending your own demand letter is that it can put your landlord back on notice, giving them a second opportunity to comply. In some circumstances, a tenant-sent demand letter can cure the landlord's violation before you ever get to court — eliminating the very claim you were trying to enforce.



The first few days after your landlord wrongfully withholds your deposit are critical. What you do — and don't do — in that window matters enormously.

Under Florida Statute 83.49, landlords have strict deadlines to either return your deposit or provide written notice of any claimed deductions. When they miss those deadlines or fail to follow the correct procedures, tenants may be entitled to recover:

• The full security deposit
• Court costs
• Attorney's fees

That last point matters. Florida law allows tenants to recover attorney's fees in security deposit cases — which means you can hire an attorney at no out-of-pocket cost if you have a strong claim.

Before you send anything, write anything, or respond to your landlord — call us.

At Korte & Associates, we review security deposit cases for free. We will tell you immediately whether your landlord violated the law, what your claim is worth, and whether we can take your case on contingency — meaning you pay nothing unless we recover money for you.

One phone call before taking action can mean the difference between recovering your full deposit plus attorney's fees, and getting nothing.

Frequently Asked Questions