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Landlord won't return my security deposit in Florida, what can I do
Use the free tool — Small Claims Letter FL
Your landlord kept the deposit — what now
A deposit not returned is one of the disputes Florida small claims is built for. The case usually starts before the courthouse, with a demand letter that sets a date, states the amount, and shows you tried to resolve it. Describe what happened — who, how much, why, when, what you've asked for, what proof you have — and start from there.
Florida small claims: the limit, the court, the fees
- Florida small claims covers disputes up to $8,000.
- Cases are heard in county court.
- Filing fees vary by the amount you're claiming.
- There's a pre-trial conference along the way.
Filing fees and procedures vary slightly by county, so the clerk of court is the final authority on the exact numbers for your case.
The law and the deadlines
Florida's security deposit law is Fla. Stat. 83.49. This material doesn't spell out the specific day-count deadlines a landlord must follow to return a deposit or account for it — confirm those details with a professional or by reading the statute itself.
Separately, there's a deadline for you to bring your claim at all: a statute of limitations under Fla. Stat. 95.11 that applies to your kind of claim. This isn't legal advice, so confirm the exact deadline that applies to you before relying on it.
The demand letter comes first
Before filing, a firm demand letter with a computed response date is usually the first step — it states the amount, the reason, and shows the other side had a fair chance to respond. This is not legal advice and cannot predict what a judge will decide, but it is generally what's expected before a small-claims case is filed.
What to gather, and where to file
- Where to file: the county where the defendant lives, or where the deal happened.
- What's needed: a statement of claim, proper service on the landlord, and preparation for the pre-trial conference.
- What to bring: whatever proof you have of the amount, the dates, and your attempts to resolve it.
Keep in mind: if your claim is over $8,000, or it's against a government entity, or it involves a landlord eviction rather than a deposit dispute, it falls outside small claims and outside this kind of tool.
What to do next
This free tool reads your own description of what happened — the amount, the dates, what you've asked for — and drafts a demand letter with a response date computed, along with the small-claims rules, fees, and statute of limitations that fit your situation. It is not legal advice and cannot predict the outcome of your case. For guidance specific to your situation, confirm with a professional or your county clerk's self-help centre. Free help is also available at floridalawhelp.org.
Small Claims Letter FL is an informational tool based on the Florida Small Claims Rules, Fla. Stat. 34.041, 83.49 and 95.11 as of 2025–26. It is not legal advice and does not file anything. Filing fees and procedures vary slightly by county; the clerk of court is the authority. It is for individuals; businesses chasing invoices should use Invoice Chaser. It is not affiliated with any court or agency.