What to Do If a Florida Contractor Took Your Deposit and Never Showed Up

Andrew Douglas

3 weeks ago

Understanding Your Rights Under Florida Statute § 489.126

Hiring a contractor is supposed to improve your home—not leave you in financial limbo. Unfortunately, it’s all too common in Florida: a homeowner hires a contractor, pays a large deposit, and then… nothing happens. No permits. No work. Just unanswered calls and growing frustration.

If this has happened to you, you’re not alone—and more importantly, you have legal rights. Florida law offers specific protections for property owners in this situation, particularly under Florida Statute § 489.126. This article explains how the law works, what steps you can take, and how our firm can help you get the resolution you deserve.

Common Scenario: You Pay a Deposit and the Contractor Disappears

Here’s how the problem usually unfolds:

You signed a contract and paid a deposit, often 30–50% of the total price.
The contractor promised to start soon but never pulled a permit.
Weeks or months pass, and still no work has started.
You call, email, text—and get excuses or no response at all.

In some cases, the contractor abandons the job entirely after collecting your money. Whether they disappear without notice or keep delaying with empty promises, this pattern is often referred to as contractor abandonment—and Florida law gives you the tools to respond.

What Does Florida Statute § 489.126 Require?

This statute specifically applies to contractors performing residential construction or home improvements when they receive an initial deposit greater than 10% of the contract amount.

Under the law, the contractor must:

✅ Apply for all necessary building permits within 30 days of receiving the payment (see § 489.126(2), Fla. Stat.); and
✅ Begin the work within 90 days after the permits are issued (see § 489.126(3), Fla. Stat.).

If the contractor fails to meet either of these obligations, you are entitled to send a formal demand letter requesting that they apply for the permit, start the work, or refund the money.

⚖️ Florida law presumes wrongdoing if a contractor fails to act within 30 days of receiving that written demand. In fact, § 489.126(4)(b) allows it to be inferred that the contractor intended to deprive you of the money if they don’t respond or refund the payment.

Why the Demand Letter Matters

You can’t just make a phone call and expect the statute to protect you. Florida law requires that you send a written demand letter via certified mail, return receipt requested. This letter must:

Reference the contractor and project
Demand that they pull permits, start work, or refund the deposit
Be sent to the address listed in the contract (or to their licensing address, if no contract address is provided)

Without this letter, you may not trigger the statutory protections—including the legal presumption of theft.

What If My Contractor Abandoned the Job?

Under Florida law, a contractor who takes your deposit and then walks away from the project may be subject to penalties—including civil and even criminal consequences. This is often referred to as abandonment, and while the law doesn’t use that word specifically, failure to apply for permits or begin work within the statutory timeframes can serve as the legal basis for recourse.

If your contractor ghosted you or refuses to finish the job, our law firm can help you take action.

Our Service: Professional Demand Letters Under Florida Law

At Andrew Douglas, P.A., we help homeowners and property owners throughout Florida enforce their rights under § 489.126. We offer a fast, affordable legal service that includes:

📂 Drafting a demand letter tailored to your situation
✍️ Citing the relevant portions of Florida Statute § 489.126
📬 Sending the letter via certified mail, return receipt requested
🛡 Positioning you to file a formal complaint or lawsuit if needed

This letter is a critical first step. It puts the contractor on notice and helps establish your legal position in case of litigation, complaints to the DBPR, or even criminal referral.

What Happens If the Contractor Still Doesn’t Respond?

If the contractor fails to respond within 30 days, they may be:

Subject to investigation by the Florida Department of Business and Professional Regulation (DBPR)
Reportable to local law enforcement for potential theft, as allowed by § 489.126(4)
Exposed to a civil lawsuit for breach of contract, unjust enrichment, or fraud
Liable to return the funds or face lien or judgment enforcement

You may also qualify for reimbursement from the Florida Homeowners’ Construction Recovery Fund, if the contractor is licensed.

Why You Should Act Now

Contractors who accept large deposits and fail to perform often rely on delay tactics. The longer you wait, the harder it can be to recover your money or complete your project.

Sending a demand letter promptly:

Strengthens your legal position
Protects your rights under Florida law
May prevent further financial harm