Florida gives landlords real rights to a tenant's security deposit — and takes them away completely from landlords who miss one deadline. The notice of intention to impose a claim must carry statutory wording, travel by certified mail (or by e-mail under a signed § 83.505 addendum), and go out within 30 days of the tenant vacating. This guide walks the timeline, the wording, and the traps.
The rule in one paragraph
When a tenant moves out, a Florida landlord has 15 days to return the deposit — or, to keep any portion of it, 30 days to send written notice of intent to impose a claim. The notice must use the wording prescribed by §83.49(3)(a), state the amount and the reason, and travel by certified mail to the tenant's last known mailing address — or by e-mail, if the tenant signed a §83.505 electronic-delivery addendum designating an address (keep proof of transmission).
The tenant then has 15 days from receipt to object in writing. If they don't, the landlord may deduct the claim and return the balance.
What forfeiting looks like
A landlord who skips the notice, sends it late, sends it by regular mail, or improvises the wording forfeits the right to impose the claim and may not set off against the deposit — though the landlord may still return the deposit and sue separately for damages. In a deposit lawsuit the prevailing party also recovers attorney's fees, which is how a $900 carpet dispute becomes a four-figure judgment against the landlord. One narrow exception: under §83.49(5), if the tenant moved out without giving the landlord their own required 7-day written notice and a forwarding address, the landlord is relieved of the 30-day notice requirement — but the tenant still keeps their rights to the deposit, so sending the notice anyway is the safe move.
- Day 0: tenant vacates
- By day 15: return the deposit in full if you claim nothing
- By day 30: the statutory-wording notice, by certified mail or §83.505 e-mail, if you claim any amount
- Tenant's 15-day objection window runs from receipt
Itemize like it will be read aloud in court
The claim description should name each item and amount — 'carpet replacement in living room due to pet damage, $600' beats 'damages.' Photographs from move-in and move-out, invoices, and the signed lease's deposit clause complete the file.
Frequently Asked Questions
Does normal wear and tear count?
No. Ordinary wear — faded paint, worn carpet paths, small nail holes — is the landlord's cost of doing business. The claim covers damage beyond normal wear, unpaid rent, or other losses the lease makes the tenant responsible for.
What if the tenant never gave a forwarding address?
Send the notice to the last known mailing address — usually the rental unit itself. The statute requires the landlord to send the notice properly, not to guarantee the tenant reads it.