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RESOURCES
Florida Security Deposit Demand Letter Guide for Tenants
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Florida Security Deposit Demand Letter Guide for Tenants
A demand letter is often the first formal step in recovering a wrongfully withheld security deposit in Florida. Done correctly, it puts your landlord on notice that you know your rights, creates a paper trail that strengthens your legal position, and sometimes results in the deposit being returned without ever going to court.
This guide explains when to send a demand letter, what it must include, how to send it, and what to do if your landlord does not respond.
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When Should You Send a Demand Letter?
You should send a demand letter when:
- Your landlord did not return your deposit within 15 days and sent no notice of deductions
- Your landlord sent a notice of deductions but missed the 30-day deadline
- Your landlord sent a timely notice but included deductions you believe are improper
- You objected to deductions within 15 days but your landlord has not responded
In most cases, you should send the demand letter before filing a lawsuit. Courts look favorably on tenants who made a good-faith effort to resolve the dispute directly before litigating.
What Should Your Demand Letter Include?
A strong security deposit demand letter should include the following:
1. Your contact information and the date
Include your full name, current mailing address, phone number, and email address at the top of the letter.
2. The landlord's contact information
Address the letter to your landlord by name and include their address.
3. The property address and tenancy dates
State the address of the rental property, the date your tenancy began, and the date you vacated.
4. The amount of the deposit
State the exact amount of the security deposit you paid and the date you paid it.
5. The legal basis for your demand
Reference Florida Statute 83.49, which governs security deposit returns. State clearly whether your landlord missed the 15-day or 30-day deadline, failed to send notice by certified mail, or made improper deductions.
6. The specific deductions you are disputing
If your landlord made deductions, identify each one specifically and explain why it is improper. Reference the normal wear and tear standard where applicable.
7. Your demand
State clearly the amount you are demanding and give your landlord a reasonable deadline to respond — typically 10 to 14 days.
8. A statement of your intent to pursue legal action
State that if the matter is not resolved by the deadline, you intend to pursue all available legal remedies including the recovery of attorney's fees as provided by Florida law.
How to Send the Demand Letter
Send your demand letter by certified mail with return receipt requested. This gives you proof that the letter was sent and received, which is important evidence if the matter goes to court.
Keep a copy of the letter and the certified mail tracking information in your records.
Do not send the letter only by email or text. While you can send a copy electronically as a courtesy, the certified mail copy is what creates the legal record you need.
Need help with your security deposit demand letter? We handle security deposit cases on pure contingency — you pay nothing unless we recover money for you. Call (561) 228-6200.
What Happens After You Send the Demand Letter?
After you send the letter, one of three things typically happens:
Your landlord returns the deposit or negotiates a settlement
This is the best outcome. Many landlords, when they realize a tenant knows their rights, will return the deposit or offer a settlement rather than face a lawsuit and potential attorney's fees.
Your landlord disputes your claims
If your landlord responds disputing your position, you will need to evaluate their response carefully. In many cases, the dispute can still be resolved through negotiation. If not, the next step is legal action.
Your landlord does not respond
If your landlord does not respond by your deadline, this strengthens your legal position. A non-response to a formal demand letter is relevant evidence in a subsequent lawsuit.
When to Contact an Attorney
You should contact an attorney if:
- Your landlord does not respond to your demand letter
- Your landlord disputes your claims and will not negotiate
- The amount at stake is significant
- Your landlord clearly violated Florida's deadlines
- You are unsure how to proceed
At Korte and Associates, we handle security deposit cases on a pure contingency basis. There is no upfront cost and no fee unless we recover money for you. Contact us for a free evaluation of your case.
Frequently Asked Questions
Does sending a demand letter guarantee I will get my deposit back?
No. A demand letter is a formal request, not a court order. However, it often prompts landlords to resolve the dispute before litigation, and it creates a strong paper trail that benefits your case if you do need to go to court.
Can I send the demand letter by email?
No. Florida law specifically requires the notice to be sent by certified mail. A regular letter, email, or text You can send a copy by email as a courtesy, but certified mail is required to create a proper legal record. Do not rely on email alone.message does not satisfy this requirement. If proper notice was not sent, your landlord may have forfeited their right to make deductions.
What if my landlord is a property management company?
Send the letter to the property management company and to the actual property owner if you know their identity. Both may have legal responsibility for the deposit.
My landlord responded but only offered part of the deposit. Should I accept?
Before accepting any partial payment, consult an attorney. Accepting a partial payment under certain circumstances could affect your ability to recover the remainder. Get legal advice first.
