Florida Notice to Impose a Claim on the Security Deposit

Florida contains some of the most regulated security deposit procedures compared to many other states. It is so important for all landlords, property managers and anyone involved in the leasing of residential property to understand the procedures and laws regarding the return of a security deposit in the Sunshine state.

If a landlord in Florida intends to claim deductions against a security deposit, there are precise steps to be taken. First and foremost, timing is key! Notification in writing containing required language must be sent to the tenant at his/her last address that is known. Notice must be sent within thirty (30) days via United States Postal Service certified mail.

NOTE: If there are no deductions being taken from the security deposit, the landlord MUST return the full security deposit and any accrued interest no later than fifteen (15) days after the tenancy has ended.

If these steps are not adhered to and followed in a timely fashion, there are consequences to the landlord including the possibility of losing any rights to claims against possible damages. With that being said, it is important also to recognize that the tenant also has a set of steps to follow as well. For instance, after the tenant receives the “Notice to Impose a Claim on the Security Deposit” from the landlord, that tenant has to reply of any objections within fifteen (15) days. Failure to do so results in the missed opportunity for the tenant to make any objections and in that case, the landlord may use the security deposit as spelled out in the document.

Florida’s statutes regarding security deposits, the collection and the return are found in Chapter 83 of the Florida Landlord and Tenant statutes, specifically section number 49.

Florida State Specific Documents

• Florida Landlord-Tenant Brochure (Chapter 83 Part II): This brochure was developed by the Florida Department of Agriculture and Consumer Services to answer frequently asked questions regarding landlord/tenant law.
• Florida 3-Day Notice to Pay Rent: In FL, a 3-day notice must be served before initiating eviction proceedings.
• Florida 7-Day Notice of Noncompliance: This form is used to give a Tenant 7 days to cure a Lease violation.
• Florida 7-Day Notice to Vacate: This form is used when a Tenant breaks the Lease and there is no option for the Tenant to cure the defect.
• Florida Complaint for Eviction and Damages: If a Tenant does not comply after a 3 and 7-Day Notice, Landlords can use this form to initiate eviction proceedings.
• Florida Notice of Right to Reclaim Abandoned Property (less than $500): This form notifies the tenant that they have abandoned property remaining in the rental unit. This notice is used when the property is valued under $500.
• FL Notice to Reclaim Abandoned Property ($500 or more): This form is used if a former tenant has left personal belongings in the rental unit after vacating. The value of such items is estimated to be $500 or more.
• Florida Notice to Impose a Claim on the Security Deposit: This form must be used whenever Landlords withhold a portion of the Tenant’s security deposit.

State-Specific Forms