Many Florida landlords think that once a tenant is evicted or vacates involuntarily, the security deposit can simply be applied to unpaid rent or damages. That is a costly mistake.
Florida Statute § 83.49 applies even when you regain possession through eviction or writ of possession. If you plan to keep any portion of the deposit, you must strictly follow the statutory claim procedure — or you forfeit the right to make a deduction.
Below is a clear, landlord-focused guide to doing it correctly.
✅ Step 1: Know When the Clock Starts
The statutory deadlines begin running as soon as the rental agreement terminates — not when the tenant “cooperates.”
Termination occurs when:
- The tenant vacates voluntarily, or
- You retake possession after eviction / writ of possession / abandonment.
From that point, your deadlines are:
- 15 Days — to return the deposit in full if you are not making a claim.
- 30 Days — to send a Notice of Intent to Impose a Claim if you plan to keep any portion of the deposit.
Failure to send the notice within 30 days means you lose the right to deduct anything, even if the tenant destroyed the unit or owes rent. You may still sue separately, but you cannot touch the deposit.
✅ Step 2: Send the Required Written Notice (Within 30 Days)
If you intend to impose a claim, Florida law requires you to send written notice to the tenant’s last known mailing address or by email if the parties have agreed to email notices under Florida’s Electronic Communications in Residential Tenancies Act.
Your notice must:
- Be in writing;
- Be sent by certified mail (or email if specifically authorized by § 83.505);
- Include the amount you intend to keep;
- State the reason for the claim;
- Tell the tenant they have 15 days to object in writing.
Here is the statutory language you must substantially follow:
“This is a notice of my intention to impose a claim for damages in the amount of $____ upon your security deposit, due to ____. You are hereby notified that you must object in writing to this deduction within 15 days from the time you receive this notice or I will be authorized to deduct my claim and send you the balance of the deposit.”
If you do not know where the tenant is, send it to their last known address—certified mail is still required.
✅ Step 3: Wait Out the 15-Day Objection Period
Once the tenant receives the notice, they have 15 days to object in writing. If they don’t object in time, you may deduct the stated amount and send any remaining balance.
Even if the tenant never responds, you must still account for and return any remaining portion within 30 days of the notice date.
✅ Step 4: Keep Proof
Keep copies of:
- The notice itself,
- Certified mail receipt or email transmission record,
- Photographs, invoices, move-out reports, and your calculation of damages.
Good documentation protects you if the tenant disputes the claim.
✅ What If You Miss the Deadline?
If you don’t send the statutory notice within 30 days:
- You must return the entire deposit, even if the tenant owes you money.
- You can still pursue a separate damages lawsuit, but the deposit itself is off-limits.
- Tenants can recover attorney’s fees if they sue you and win.
✅ Eviction Does NOT Cancel This Procedure
Even if the tenant was:
- Evicted for nonpayment,
- Physically removed by the Sheriff,
- Locked out by court order,
…you still must serve the claim notice within 30 days if you plan to keep any of the deposit. Courts have consistently held that eviction does not eliminate compliance with § 83.49.
✅ Best Practices Checklist for Landlords
✔ Send the 30-day claim notice on time — even after eviction
✔ Use certified mail (or authorized email)
✔ State the amount and the reason clearly
✔ Give the 15-day objection window
✔ Return any remaining balance on time
✔ Document everything
✅ Need Help Drafting the Notice or Making the Claim?
Our firm assists Florida landlords with:
- Proper security deposit notices
- Post-eviction claims
- Damage documentation and calculations
- Tenant disputes and lawsuits
- Lease compliance and landlord–tenant litigation
If you intend to keep part of a deposit or you’re unsure whether your deadline has started, contact the Douglas Firm before the 30-day clock expires.