Florida Small Claims Court Security Deposit

The 30-Day Rule That Decides Most Cases

Florida has one of the clearest security deposit statutes in the country. Under Fla. Stat. § 83.49, your landlord has two obligations after you move out:

If the landlord has no claim against your deposit: they must return it within 15 days after the rental agreement ends.

If the landlord wants to keep part or all of the deposit: they must send written notice within 30 days after the rental agreement ends, by certified mail to your last known mailing address or by email as allowed under Fla. Stat. § 83.505. The notice must state the reason for the claim and the amount.

If the landlord misses that 30-day notice deadline, they forfeit the right to impose a claim on the deposit, but may sue separately for damages after returning it. That deadline is your strongest piece of evidence in small claims court — and it's the one landlords most commonly miss.

Before You File

Send a written demand letter by certified mail. State the deposit amount, reference the lease and move-out date, note whether you received the landlord's 30-day notice (or didn't), and set a response deadline of 10 to 14 business days.

If your landlord is a property management company or LLC, look up the legal entity on Sunbiz (search.sunbiz.org). You must sue the legal entity, not a trade name or the management company's marketing brand. Record the entity name, status, and registered agent address.

Money Claim vs. Eviction

This is a critical distinction. A security deposit recovery case is a monetary claim under the $8,000 small claims cap. It is not an eviction proceeding.

Evictions seek possession of the property and follow a separate statutory track under Chapter 83 with their own forms, notice requirements, and higher filing fees ($185 or more). If you're already out of the unit and just want your deposit back, you're filing a standard small claims case using Form 7.322 — the general Statement of Claim.

What You Need to Prove

Your burden at trial depends on what the landlord did or didn't do:

Landlord sent no 30-day notice: You need to prove you paid the deposit, you vacated the unit, and you provided a forwarding address. The landlord's failure to send the statutory notice within 30 days means they forfeit the right to impose a claim on the deposit.

Landlord sent the notice but deductions are excessive: You need to show that the charges don't reflect actual damage beyond normal wear and tear. Bring photos of the unit at move-in and move-out, your lease, any move-in inspection checklist, and competing repair estimates.

Landlord claims damage: The landlord bears the burden of proving actual damages and their reasonable cost. Your job is to counter with evidence of the unit's condition — date-stamped photos are the most persuasive evidence in deposit disputes.

Filing and Costs

Filing fees are $55 for claims under $100, $80 for claims from $100 to $500, $175 for claims from $500.01 to $2,500, and $300 for claims from $2,500.01 to $8,000. Add $10 per summons and service costs. If you win, the court awards these costs as part of the judgment.

File through the Florida Courts E-Filing Portal (myflcourtaccess.com) or in person at your county's Clerk of the Circuit Court. You can file in the county where the rental property is located or where the landlord resides.

What Happens After You Win

A judgment in your favor doesn't automatically put the money in your account. If the landlord doesn't pay voluntarily, you'll need to pursue post-judgment enforcement — recording a judgment lien, requesting a Fact Information Sheet (Form 7.343) to identify the landlord's assets, or filing for a writ of garnishment.

For the complete security deposit filing process — from the demand letter through service, the hearing, and judgment collection — our Florida Small Claims Filing Guide covers every step with the forms and deadlines for all 67 Florida counties.

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