15 days after move-out | Potential full deposit recovery | Florida Statutes §83.49
Law verified March 11, 2026
Find out if your Florida landlord may owe you. free, 2 minutes
Check My DepositFlorida security deposit law is governed by Florida Statutes §83.49, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 15 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
If your landlord fails to meet this deadline, they forfeit their right to withhold any portion of the deposit under Florida Statutes §83.49. Even charges that would otherwise be legitimate become uncollectable once the window closes - the forfeiture is automatic.
This state has extra conditions in the remedy model. Treat the free result as a maximum modeled outcome, not a guaranteed court award, and review any notice, intent, coverage, or local-law issues before relying on a multiplier.
Florida also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under Florida Statutes §83.49. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, Florida Statutes §83.49 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in Florida.
The sections below explain each aspect of Florida deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against Florida Statutes §83.49, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under Florida Statutes §83.49, your Florida landlord has 15 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 15-day clock starts on your move-out date.
Complexity note: Note: Florida's deposit return rules have some case-by-case complexity. The deadline and penalty rules above represent the general standard under Florida Statutes §83.49, but specific circumstances, such as disputed move-out dates, lease terms, or property type, may affect your claim. Our free analysis accounts for these variables.
Penalty
Under F.S. §83.49(3)(a), a missed deadline can eliminate or materially limit the landlord's right to keep your deposit. The exact effect may depend on the facts and any local overlay. 15 days if no claim is made; if deductions are claimed, written notice must be sent within 30 days or the landlord waives the deposit claim.
The effect of a missed deadline can vary by fact pattern, so verify the local rule before assuming full forfeiture.
F.S. §83.49(3)(a)
Itemization
Florida law requires your landlord to provide an itemized written statement of any deductions within 30 days, separate from the 15-day deadline to return the deposit itself. This means there are two distinct deadlines to track. Missing either one can strengthen your claim.
Two deadlines to track: your landlord has 15 days to return the deposit, but only 30 days to provide the itemized statement. Missing either deadline strengthens your claim.
Legal Reference
Wear & Tear ProtectedQuestions
Your Florida landlord has 15 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Florida Statutes §83.49.
If your landlord misses the 15-day deadline, they forfeit the right to withhold any portion of your deposit under F.S. §83.49(3)(a), even deductions that might otherwise have been valid.
No. Florida law under Florida Statutes §83.49 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Florida small claims court handles disputes up to $8,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in Florida is 5 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
Florida landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 30 days.
| State | Deadline | Penalty | Small Claims |
|---|---|---|---|
FloridaYou | 15 days | Forfeiture | $8,000 |
| 30 days | 3× | $15,000 | |
| 60 days | Civil | $6,000 | |
| 60 days | 2× | $5,000 | |
| 21 days | 3× | $12,500 | |
| 30 days | 3× | $20,000 |
Topics
Deduction Guides
Free analysis | Florida law | 2 minutes
Check My Florida Deposit (Free)