Florida Security Deposit Return: How §83.49 Works, With a Letter
How Florida's security deposit law, section 83.49, handles the deposit after a rental ends — the landlord's 15-day and 30-day deadlines, the tenant's 15 days to object, and why a forwarding address matters. Includes a neutral tenant letter.
When a rental home in Florida is handed back, one statute decides what happens to the security deposit: section 83.49 of the Florida Statutes (2026 edition) [1]. This page walks through the landlord's deadlines, the tenant's time to object, and why a forwarding address matters. It ends with a neutral letter a tenant can adapt to ask for the deposit and give a new address.
What the law covers
Section 83.49 covers money a tenant pays as a security deposit, and advance rent paid for any period other than the next one [1]. It generally does not apply to short hotel or motel stays, or to 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 housing programs [1]. Regulation for rent stabilization does not, by itself, take a rental out of section 83.49 [1]. The statute still applies its move-out rules in subsections (3), (5), and (6) to housing authorities and public housing agencies created under chapter 421 or other statutes [1].
While the tenant lives there, the landlord has to keep the deposit in a separate account at a Florida financial institution or post a surety bond instead [1]. Landlords who rent five or more individual units must give the tenant a written disclosure, in the lease or within 30 days after receiving the deposit, that names the depository holding the money or says the landlord posted a surety bond, and says whether the tenant is entitled to interest [1]. That written notice is not required from a landlord who rents fewer than five individual units [1].
After the rental agreement ends: the landlord's two paths
Section 83.49(3) applies when the tenant vacates at the termination of the rental agreement, and it counts the landlord's deadlines from that termination, not from the move-out date as such [1]. The statute gives the landlord two paths [1].
First path: no deductions. If the landlord does not plan to keep any of the deposit, the landlord must return it, plus any interest owed, within 15 days after the rental agreement ends [1].
Second path: a claim. If the landlord plans to keep some or all of it, the landlord must send a written notice within 30 days after the rental agreement ends [1]. The notice has to state the claim and the reason, and it goes by certified mail to the tenant's last known mailing address, or by e-mail if the section 83.505 conditions explained below are met [1] [2]. The statute gives the exact wording for that notice; see the companion guide on the notice of intention to impose a claim.
If the landlord misses the 30-day window, the statute says the landlord loses the right to make a claim against the deposit and cannot subtract it from the deposit, although the landlord may still file a separate lawsuit for damages after returning the deposit [1].
The tenant's 15 days to object
The tenant has 15 days after receiving a claim notice to object to the claim or its amount, and the statutory notice wording asks for the objection in writing [1]. If the tenant does not object within those 15 days, the landlord may deduct the claim and must send the rest of the deposit within 30 days after the date of the notice [1]. Missing the objection window does not end the tenant's right to ask a court for money in a separate case [1].
If either side goes to court over the deposit, the winner is entitled to court costs plus a reasonable attorney's fee [1].
Why the forwarding address matters
The disclosure that landlords give tenants says it in capital letters: "WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT." [1]
Subsection (5) of the statute adds a specific rule about leaving [1]. Unless a written rental agreement says otherwise, a tenant who leaves before the lease term ends, or who leaves a week-to-week, month-to-month, quarter-to-quarter, or year-to-year tenancy, must give at least 7 days' written notice before leaving, and that notice must include an address where the tenant can be reached [1]. Subsection (5) names certified mail or personal delivery for that notice; section 83.505 separately allows notices that Part II requires to be e-mailed when its conditions, explained below, are met [1] [2]. If the tenant does not give that notice, the landlord no longer has to send the 30-day claim notice, but the tenant keeps whatever right they have to the deposit [1].
Two more rules help with where and how to send things:
- The landlord must give the tenant, in writing and no later than the start of the tenancy, the name and address of the person who receives notices for the landlord [3].
- E-mail counts for notices that Part II requires only when section 83.505's conditions are met: 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 other side's current designated address, and only while the agreement has not been revoked [2]. An e-mailed notice counts as delivered when it is sent unless it bounces back, and the sender must keep a copy and proof it was sent [2].
What to gather before writing
- The lease, including any clause about move-out notice or deposit terms.
- The landlord's written deposit notice, if one was given, showing where the money is held.
- The name and address for notices, from the lease or the landlord's disclosure.
- The move-out date and the date keys were returned.
- Photos or a checklist of the unit's condition at move-in and move-out.
- A way to prove delivery, such as a certified mail receipt or a signed copy for hand delivery.
Letter template: deposit request and forwarding address
This letter is ordinary correspondence. It contains the two items subsection (5) describes — written notice of leaving and an address where the tenant can be reached — so it can also serve as that notice if it is given at least 7 days before the tenant leaves, by certified mail or personal delivery, or by e-mail when the section 83.505 conditions are met [1] [2]. It is not written as a notice ending a tenancy; ending a month-to-month tenancy is covered in a separate guide. Sent after move-out, it is simply a request with a forwarding address; the landlord's own 15-day and 30-day deadlines run from the end of the rental agreement, not from this letter [1].
[DATE]
[LANDLORD OR AGENT NAME]
[ADDRESS FOR NOTICES FROM THE LEASE OR LANDLORD DISCLOSURE]
Re: Security deposit for [RENTAL ADDRESS AND UNIT NUMBER]
Tenant(s): [TENANT NAME OR NAMES]
Dear [LANDLORD OR AGENT NAME]:
I am writing about the security deposit of $[DEPOSIT AMOUNT] paid for the rental at [RENTAL ADDRESS AND UNIT NUMBER].
I [PLAN TO MOVE OUT / MOVED OUT] on [MOVE-OUT DATE]. [KEYS RETURNED ON DATE, IF ALREADY RETURNED]
Please send the security deposit, and any interest owed, to my forwarding address below. Please also send any notice about the deposit to this address:
[FORWARDING STREET ADDRESS]
[CITY, STATE, ZIP CODE]
[E-MAIL ADDRESS FOR NOTICES, ONLY IF A SECTION 83.505 E-MAIL ADDENDUM IS IN EFFECT]
I can be reached at [PHONE NUMBER] with any questions.
Thank you,
[SIGNATURE]
[PRINTED NAME]
Delivered by: [CERTIFIED MAIL TRACKING NUMBER OR HAND DELIVERY ON DATE]
Keep a copy of the signed letter and the proof of delivery.
Easy things to mix up
- The address for notices: it is the name and address the landlord disclosed in writing as the place to receive notices and demands [3].
- Mixing up the deadlines: 15 days for the landlord to return a deposit with no claim, 30 days for a claim notice, and 15 days from receipt for a tenant's objection [1].
Questions
How long does a Florida landlord have to return a security deposit?
If the landlord is not making any claim, the deposit, plus any interest owed, must be returned within 15 days after the rental agreement ends [1]. If the landlord intends to make a claim, the written notice of that claim must go out within 30 days after the rental agreement ends [1].
What happens if the landlord does not send a claim notice within 30 days?
The statute says the landlord forfeits the right to make a claim against the deposit and may not subtract it, but may still file a lawsuit for damages after returning the deposit [1].
How long does a tenant have to object to deductions?
The objection must be in writing within 15 days after the tenant receives the landlord's notice [1]. A late objection does not take away the tenant's right to seek damages in a separate case [1].
Does a tenant have to give the landlord a forwarding address in Florida?
The required deposit disclosure tells tenants to give their new address when they move out [1]. Under subsection (5), unless a written lease says otherwise, a tenant leaving early or ending a periodic tenancy must give at least 7 days' written notice that includes an address where they can be reached [1].
Can the deposit notices be sent by e-mail?
Only when section 83.505's conditions are met: a signed e-mail 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]. Otherwise, the claim notice goes by certified mail to the tenant's last known mailing address [1].