FREE SELF-HELP GUIDE · FLORIDA SMALL CLAIMS

Sue your landlord for your deposit. No lawyer needed.

Some deposit cases are winnable but too small or too personal for a law firm to add value. This guide gives you the entire playbook for Florida small claims court: the demand letter, the filing, the hearing. It is the same statute we use, Fla. Stat. 83.49, just with you holding it.

Step 1: Confirm the landlord broke the rules

Florida's deposit statute runs on two deadlines, both counted from the day you moved out:

15 days to return your deposit if the landlord makes no claim against it.
30 days to send you written notice by certified mail that the landlord intends to keep some or all of it. The notice must say why, and it must tell you that you have 15 days to object.

A landlord who misses the 30-day certified-mail deadline forfeits the right to keep anything. Fla. Stat. 83.49(3)(a)-(b). Separately, a landlord can never lawfully charge you for normal wear and tear: routine cleaning, repainting, carpet wear, lightbulbs, small nail holes, minor scuffs.

Step 2: Send a demand letter

Send this by certified mail, return receipt requested, and keep a copy. Replace the bracketed parts:

[Date]

[Landlord name]
[Landlord address]

RE: Demand for return of security deposit, [rental address]

Dear [Landlord]:

I vacated [rental address] on [move-out date] and left a forwarding
address. Under section 83.49(3), Florida Statutes, you were required
either to return my $[amount] security deposit within 15 days or to
send written notice of an intention to impose a claim, by certified
mail, within 30 days. [You did neither. / Your charges are for normal
wear and tear, which Florida law does not permit you to charge to a
tenant.]

Demand is made for return of $[amount] within 10 days of this letter.
If I am forced to file suit, I will also seek court costs and any
attorney's fees allowed under sections 83.48 and 83.49(3)(c), Florida
Statutes.

Sincerely,
[Your name]
[Forwarding address, phone, email]

Ten days of silence, or a refusal, and you file.

Step 3: Gather the evidence

The lease, every page
Proof of your deposit payment (receipt, bank statement, ledger)
Move-out photos or video, ideally date-stamped
The landlord's claim letter and envelope, or your sworn statement that none arrived
Your written objection, if you sent one
Your demand letter and the certified-mail receipt

Step 4: File in small claims court

File a Statement of Claim in the county court where the property sits. Small claims covers disputes up to $8,000, which includes most deposits. Filing fees scale with the claim (roughly $55 to $300; the clerk's website for your county lists them), and you can ask the court to add those costs to your judgment. Most counties let you file online through the state e-filing portal at myflcourtaccess.com.

Name the right defendant: the landlord on your lease. If a company manages the property but the lease names an LLC as the owner, name the LLC. Check the lease's first page and signature block.

Step 5: The pretrial conference and the hearing

Small claims starts with a pretrial conference a few weeks after filing. It is short, and many landlords settle right there once they see you came prepared. If it does not settle, the judge sets a trial date, usually within 60 days. Bring three copies of everything: one for the judge, one for the landlord, one for you. Tell the story in order: deposit paid, moved out, deadline missed or unlawful charges, demand ignored.

What winning gets you

The wrongly withheld deposit, your court costs, and in many cases attorney's fees if you hire counsel along the way. Fla. Stat. 83.48, 83.49(3)(c). Judgments earn interest until paid.

Case bigger than small claims? If your landlord is a property management company or a large operator, or the deposit is substantial, a fee-shifted attorney case may recover more with less of your time. Run the free 2-minute case check or call 877-862-7188.