Understanding Your Rights and Legal Options When Your Landlord Keeps Your Security Deposit

Moving out of a rental property is stressful enough without worrying about whether you'll get your security deposit back. In Florida, the law is clear: landlords must follow specific rules when handling security deposits. If your landlord hasn't returned your deposit within 30 days, you have legal rights that can help you recover your money.

Florida's 30-Day Security Deposit Law

Florida Statute 83.49 requires landlords to return your security deposit or provide written notice of their intent to keep some or all of it within 30 days after you move out. This notice must explain exactly what deductions they're making and why. If your landlord doesn't send this notice within the 30-day window, they typically forfeit their right to keep any portion of your deposit, meaning they must return the full amount to you.

What Should You Do First?

If 30 days have passed and you haven't received your deposit or written notice, start by sending your landlord a written demand letter. Keep it professional and include your forwarding address, the date you moved out, and a clear request for your full deposit. Send this letter via certified mail so you have proof of delivery. Many landlords will respond to a formal written request, especially when they realize you know your rights.

Your Legal Options in Florida

When a landlord fails to return your security deposit within the required timeframe, Florida law allows you to take legal action. You may be entitled to receive not just your full deposit back, but also the landlord's share of any interest earned on that deposit. In some cases, if you win your case in court, you may also recover court costs and reasonable attorney's fees.

Small claims court is an option for deposits up to $8,000, but navigating the legal process can be complicated. Having an experienced attorney on your side ensures you follow the proper procedures and maximizes your chances of recovering what you're owed.

Don't Wait—There Are Deadlines

It's important to act quickly. While you have up to five years to file a claim in Florida, the sooner you address the issue, the better. Evidence can disappear, memories fade, and delays can weaken your case.

Get Professional Help Recovering Your Security Deposit

If your landlord hasn't returned your security deposit within 30 days, you don't have to navigate this situation alone. At Korte & Associates, we specialize in helping Florida tenants recover their security deposits and understand their rights under landlord-tenant law. Our team knows how to handle these cases efficiently and effectively, so you can get the money you're owed without the stress.