Complete with Statutory Citations – Florida Statute § 83.49
Security deposits are a vital tool for Florida landlords to protect themselves from unpaid rent or property damage caused by tenants. However, Florida law — specifically § 83.49 of the Florida Residential Landlord and Tenant Act — sets strict rules on how and when a landlord may retain any part of a security deposit.
Failure to follow these rules precisely can result in a landlord forfeiting their right to make a claim and being required to return the full deposit — even when legitimate damages exist.
This article walks Florida landlords through each step of the process, explains how to comply with the law, and addresses what to do if a tenant disputes your claim or if you miss a deadline.
1. Understanding the Deadlines: § 83.49(3)(a)–(c), Florida Statutes
As a landlord, you must act quickly after your tenant vacates:
- If you do not intend to impose a claim, you must return the full deposit within 15 days of the tenant vacating.
– § 83.49(3)(a), Fla. Stat. - If you do intend to impose a claim, you must send a written Notice of Intention to Impose a Claim by certified mail to the tenant’s last known mailing address within 30 days of the tenant vacating.
– § 83.49(3)(a), Fla. Stat.
If you miss these deadlines, you must return the full deposit, regardless of whether the tenant caused damage or owes rent.
2. Preparing a Valid Notice of Intention to Impose a Claim
The written notice must include:
- The amount of the deposit you intend to withhold;
- A clear explanation of the reason (e.g., unpaid rent, damage, cleaning);
- The statutory warning language;
- A return address where the tenant can send objections.
Required statutory language under § 83.49(3)(a):
“This is a notice of my intention to impose a claim for damages in the amount of $___ upon your security deposit, due to [reason]. It is sent to you as required by Section 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to [landlord’s address].”
3. Certified Mail Is Required by Law
The notice must be sent by certified mail, return receipt requested, to the tenant’s last known mailing address.
– § 83.49(3)(a), Fla. Stat.
Important: Notices sent by text message, email, or regular mail are not valid under Florida law. Even if the tenant receives them, you will have legally failed to preserve your right to claim the deposit.
Courts have consistently ruled that failure to send the notice by certified mail results in waiver of the landlord’s claim.
4. Documenting Your Claim
If you intend to make a claim, be prepared to support it with:
- Move-in and move-out photos or videos;
- Inspection checklists;
- Receipts or estimates for repair or cleaning;
- Tenant ledger showing unpaid rent.
This documentation will be essential if the tenant challenges your claim or if the matter proceeds to court.
5. Tenant Response and Objections: § 83.49(3)(b)
After receiving your certified notice, the tenant has 15 days to object in writing to the claim.
📌 If the tenant does not object:
- You may deduct the claimed amount from the deposit; and
- You must return any remaining balance within 30 days of sending the notice.
📌 If the tenant does object in writing within 15 days:
- You may not unilaterally deduct the claimed amount.
- You must either:
- Negotiate a mutual resolution, or
- File a lawsuit (typically in small claims court) to recover the amount in dispute.
You must hold the disputed funds — they cannot be applied or spent unless ordered by the court.
6. What If You Fail to Comply with § 83.49?
If you fail to:
- Send the notice within 30 days,
- Use certified mail,
- Include the required statutory warning,
Then, under § 83.49(3)(c), Florida Statutes, your right to retain any portion of the deposit is waived.
“The right of the landlord to retain any portion of the security deposit is waived unless the landlord has complied with this subsection.”
– § 83.49(3)(c), Fla. Stat.
The tenant may:
- Demand the full return of the deposit;
- File suit for its recovery; and
- Recover attorneys’ fees and court costs if successful.
7. Can You Still Sue the Tenant?
Yes. Even if you must return the full deposit due to noncompliance, you may still pursue a separate lawsuit against the tenant for:
- Property damage beyond normal wear and tear;
- Breach of lease;
- Unpaid rent or fees.
You simply cannot deduct from the deposit — you must assert your rights through a new legal claim.
✅ This action is allowed because the forfeiture of the deposit does not extinguish the landlord’s underlying right to damages.
✅ Summary Checklist for Landlords – Complying with § 83.49
| Step | Requirement | Statute |
|---|---|---|
| Return full deposit if no claim | Within 15 days | § 83.49(3)(a) |
| Intend to impose claim | Send notice by certified mail within 30 days | § 83.49(3)(a) |
| Include required warning language | In written notice | § 83.49(3)(a) |
| Tenant objection period | 15 days from receipt | § 83.49(3)(b) |
| No objection | Deduct claimed amount and return balance | § 83.49(3)(b) |
| Tenant objects | Must negotiate or sue for recovery | § 83.49(3)(b) |
| Fail to follow procedures | Forfeit right to deposit | § 83.49(3)(c) |
| Still want recovery | File separate claim for damages | Permissible under Florida law |
Conclusion
Florida landlords have the legal right to impose a claim against a tenant’s security deposit — but only if they strictly comply with the procedures in § 83.49, Florida Statutes. Certified mail, deadlines, and specific language are not optional.
Even if you miss a step, you can still seek recovery through the courts — but you lose the convenience and leverage of applying the deposit directly. Careful documentation, timely action, and statutory compliance are key to protecting your rights and reducing costly disputes.
Need Legal Help?
Our firm regularly represents Florida landlords in handling security deposit claims, tenant disputes, and small claims matters. We can help you draft proper notices, respond to objections, or pursue claims in court. Contact us today for guidance tailored to your rental business.