Florida Notice of Intention to Impose Claim on Security Deposit

When a Florida rental ends and the landlord wants to keep some or all of the security deposit, the law requires a specific written notice first. Section 83.49(3) of the Florida Statutes (2026 edition) calls it a notice of the landlord's "intention to impose a claim" on the deposit [1]. This page explains what the notice is, the wording the statute gives for it, how and when it has to be sent, and how long the tenant has to object.

When a landlord needs this notice

The notice is only for deductions. If the landlord is not keeping any part of the deposit, the statute instead requires the landlord to return it, plus any interest owed, within 15 days after the rental agreement ends [1]. Advance rent works differently: the landlord may move advance rent out of the deposit account when the rental period it covers begins, without notice to the tenant [1].

Section 83.49 generally does not cover short hotel or motel stays, or rentals where the amount of rent or deposit is regulated by law or by a public body, such as public housing authorities and certain federally regulated programs [1]. Regulation for rent stabilization does not, by itself, take a rental out of section 83.49 [1]. Even so, the statute keeps subsections (3), (5), and (6) — including this claim-notice rule — in force for housing authorities and public housing agencies created under chapter 421 or other statutes [1].

The deadline: 30 days after the rental agreement ends

The landlord must send the notice within 30 days after the rental agreement ends [1]. If the landlord misses that window, the statute says the landlord forfeits the right to make a claim against the deposit and may not subtract it, though the landlord may file a separate lawsuit for damages after returning the deposit [1].

There is one exception tied to the tenant's own move-out notice. Unless a written rental agreement says otherwise, subsection (5) requires a tenant who leaves before the lease term ends, or who leaves a periodic tenancy, to give at least 7 days' written notice before leaving, by certified mail or personal delivery, that includes an address where the tenant can be reached [1]. Section 83.505 separately allows notices that Part II requires to be e-mailed when its conditions, explained below, are met [2]. If the tenant does not give the required notice, the landlord is relieved of the claim-notice requirement, though the tenant keeps any right they have to the deposit [1].

The required deposit disclosure in subsection (2) describes the same deadline in plain words as "WITHIN 30 DAYS AFTER YOU MOVE OUT" [1]. The rule in subsection (3) itself measures the 30 days from the termination of the rental agreement [1]. This page does not assume those two dates are always the same.

How it must be sent

The statute allows two ways [1]:

• Certified mail to the tenant's last known mailing address [1].
• E-mail, in line with section 83.505 [1]. That section allows it only when both sides signed an addendum to the rental agreement agreeing to e-mail delivery, the addendum plainly says the choice is voluntary and can be revoked or the address updated at any time, and each side gave a valid e-mail address for notices [2]. Either side can later revoke the agreement or change its designated address by written notice, which takes effect when delivered, so the address to use is the tenant's current designated address, and only while the agreement has not been revoked [2]. An e-mailed notice counts as delivered when sent, unless it bounces back as undeliverable, and the sender must keep a copy and proof that it was sent [2].

What the notice must say

The notice has to state the landlord's intention to make a claim and the reason for it [1]. The statute also says the notice "must contain a statement in substantially the following form," and then gives the wording [1]. Because the law supplies the words, this page does not write its own version.

Below is that statutory wording. The paragraph in the middle is copied from section 83.49(3)(a), with its 15-day objection period [1]; the only changes are that the statute's blank lines are shown as [BRACKETED CAPS] placeholders. The date, names, addresses, and signature lines around it are placeholders, not statutory text.

[DATE]

[TENANT NAME OR NAMES]
[TENANT'S LAST KNOWN MAILING ADDRESS]

Re: Security deposit for [RENTAL ADDRESS AND UNIT NUMBER]

This is a notice of my intention to impose a claim for damages in the amount of [AMOUNT OF CLAIM] upon your security deposit, due to [REASON FOR THE CLAIM]. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to [LANDLORD'S ADDRESS].

[LANDLORD OR AGENT NAME]
[SIGNATURE]

Sent by: [CERTIFIED MAIL TRACKING NUMBER, OR E-MAIL TO THE CURRENT DESIGNATED ADDRESS UNDER A SECTION 83.505 ADDENDUM]

The tenant's 15 days to object

The tenant has 15 days after receiving the notice to object to the claim or its amount, and the statutory wording asks for the objection in writing [1]. The statutory wording also says where the objection must be sent: to the address the landlord fills in [1].

If the tenant does not object within 15 days after receiving the notice, the landlord may deduct the claim and must send the rest of the deposit to the tenant within 30 days after the date of the notice [1]. Not objecting in time does not waive the tenant's right to seek damages in a separate court case [1].

If the dispute goes to court

If either side files a case about who is entitled to the deposit, the winner is entitled to court costs plus a reasonable attorney's fee [1]. The statute also tells the court to move these cases ahead on its calendar [1].

What to have ready before sending

• The date the rental agreement ended, since the 30 days run from that date [1].
• The tenant's last known mailing address, or, for e-mail, the signed section 83.505 addendum and the tenant's current designated e-mail address [2].
• The amount being claimed and a short, specific reason.
• The landlord's address for objections.
• A way to prove sending: the certified mail receipt, or a saved copy of the e-mail and proof it went out.

Easy things to mix up

• Three different clocks. 15 days to return a deposit with no claim, 30 days to send a claim notice, and 15 days from receipt for the tenant to object [1].
• Regular mail. The claim rule in subsection (3) names certified mail or e-mail under section 83.505 [1].
• E-mail without the section 83.505 conditions. E-mail needs the signed addendum, valid designated addresses, the current address, and an agreement that has not been revoked [2].
• Leaving out the reason. The statute requires the reason for the claim, not just the amount [1].

Questions

Does a Florida landlord have to use certified mail for a security deposit claim?

The statute says the claim notice goes by certified mail to the tenant's last known mailing address, or by e-mail under section 83.505 [1]. E-mail is only allowed when section 83.505's conditions are met: a signed addendum with the required voluntariness and revocation wording, a valid designated e-mail address from each side, use of the current designated address, and no effective revocation [2].

What happens if the tenant does not object within 15 days?

The landlord may then deduct the claim, and must send the rest of the deposit within 30 days after the date of the notice [1]. The tenant can still seek damages in a separate case [1].

What if the landlord sends the claim notice after 30 days?

The statute says the landlord forfeits the right to make a claim against the deposit and cannot subtract it, but may sue for damages after returning the deposit [1].

Does the 30 days start at move-out or when the lease ends?

The rule in subsection (3) counts the 30 days from the termination of the rental agreement [1]. The plain-language disclosure in subsection (2) phrases it as 30 days after the tenant moves out [1].

Is there an official form for this notice?

Section 83.49(3) itself supplies the wording, which the notice must follow "in substantially the following form" [1].