You moved out, the deadline passed, and the landlord is either silent or stonewalling. In Florida, that is often the strongest position a tenant can be in. Here is how to turn it into your money back.
First, confirm the landlord is out of compliance
Before you do anything, pin down the timeline. Did the landlord return the deposit within 15 days, or send a certified claim letter within 30 days? If neither happened, the landlord has likely forfeited the right to keep any of it under Fla. Stat. 83.49. The deadline analysis in Florida Security Deposit Deadlines is the foundation of everything that follows.
Step 1: Send a written demand
A clear written demand often resolves it without a lawsuit. Your demand should:
- State the amount of the deposit and the date you moved out
- Note that no proper claim was made within the statutory deadline
- Demand return of the full deposit by a specific date
- Be sent in a way you can prove (certified mail or another trackable method)
Keep copies of everything. A documented demand also strengthens your position if the case goes further.
Step 2: File in county or small claims court
If the demand is ignored, Florida small claims and county courts handle deposit disputes routinely. Filing fees are modest, the process is designed to be accessible, and deposit cases are usually straightforward when the landlord missed the deadline.
Landlords who ignore a demand often pay quickly once a case is filed, because the math changes the moment a court is involved.
Step 3: The attorney's fee leverage
This is the part that makes Florida deposit cases settle. When a tenant prevails, the landlord generally pays the tenant's reasonable attorney's fees. A landlord facing a $1,200 deposit dispute is suddenly looking at the deposit plus a legal bill that can dwarf it. We explain how this works in Who Pays the Attorney's Fees in a Florida Security Deposit Dispute?.
Do it yourself or have an attorney handle it
If you want to pursue it on your own, our free self-help guide walks through the demand and small-claims steps. If you would rather have an attorney take it on, the fee statute often means representation costs you nothing out of pocket on a winning case.
Start with the free case check
The 2-minute case check below tells you whether the landlord broke the rules and which path fits your situation. From there you can run it yourself with the free self-help guide or talk to the attorney. Either way, start with the facts, and start with our main guide, How to Get Your Security Deposit Back in Florida.