SECURITY DEPOSIT DEMAND LETTER
STATE OF FLORIDA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Florida law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable interest, penalties, damages, and attorney's fees.
I. FLORIDA LEGAL FRAMEWORK
A. Governing Law
Security deposits in Florida are governed by the Florida Residential Landlord and Tenant Act, Fla. Stat. Section 83.49.
B. Security Deposit Limits
Florida law does not impose a statutory limit on the amount of security deposit a landlord may charge.
C. Return Deadline and Notice Requirements
Pursuant to Fla. Stat. Section 83.49(3), the landlord's deadline depends on whether they intend to make a claim against the deposit:
If NO claim against deposit:
- Return within fifteen (15) days after the tenant vacates
If landlord intends to make a claim:
- Send written notice of intent to impose a claim within thirty (30) days after the tenant vacates
- The notice MUST:
- Be sent by certified mail to tenant's last known mailing address
- Include specific statutory language informing tenant of the right to object
- State the reasons for the claim and the amount
Required Statutory Language in Notice:
"This is a notice of my intention to impose a claim for damages in the amount of $____ upon your security deposit, due to ____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to [landlord's address]."
D. Interest Requirements
Under Fla. Stat. Section 83.49(1), security deposits may be held in one of three ways:
- Non-interest-bearing account: No interest due to tenant
- Interest-bearing account: Landlord must pay tenant at least 75% of the annualized average interest rate, or 5% per year simple interest, whichever the landlord chooses
- Surety bond: Posted in lieu of security deposit
The landlord must notify the tenant within 30 days of receipt of the deposit as to which method is being used.
E. Separate Account Requirement
Under Fla. Stat. Section 83.49(1), security deposits must be held:
- In a separate account in a Florida banking institution; OR
- In a separate account in an institution outside Florida with a Florida office; OR
- As a surety bond
The account must be solely for security deposits.
F. Permissible Deductions
Under Fla. Stat. Section 83.49, a landlord may retain from the security deposit amounts for:
- Unpaid rent
- Damage to the premises beyond normal wear and tear
- Other amounts specified in the lease
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Last Month's Rent (if applicable) | $[AMOUNT] |
| Deposit Account Type | [ ] Interest-bearing [ ] Non-interest [ ] Surety bond |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Florida law in the following ways:
[ ] Failure to Return Deposit: You have failed to return the security deposit within 15 days as required when no claim is made against the deposit.
[ ] Failure to Send Claim Notice: You have failed to send a written notice of intent to impose a claim within 30 days as required by Fla. Stat. Section 83.49(3)(a).
[ ] Defective Claim Notice: Your notice of intent to impose a claim was defective because:
- [ ] Not sent by certified mail
- [ ] Did not include required statutory language
- [ ] Did not specify reasons for claim
- [ ] Did not state amount of claim
- [ ] Not sent to last known mailing address
[ ] Failure to Notify of Deposit Location: You failed to notify our Client within 30 days of how and where the deposit was being held.
[ ] Failure to Pay Interest: You have failed to pay required interest on the security deposit.
[ ] Failure to Maintain Separate Account: You failed to hold the deposit in a separate account or post a surety bond as required.
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
IV. NORMAL WEAR AND TEAR
Florida law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on tile floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Sun damage to window coverings
[ ] Other: [SPECIFY]
V. DAMAGES AND PENALTIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Last Month's Rent (if unused) | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Interest Due
If deposit was held in interest-bearing account OR landlord failed to notify of holding method:
Under Fla. Stat. Section 83.49(1), the tenant is entitled to interest at 5% per year simple interest or the actual earned interest:
Interest Calculation:
- Principal: $[DEPOSIT AMOUNT]
- Duration of Tenancy: [MONTHS/YEARS]
- Interest Rate: 5% per annum
- Interest Due: $[AMOUNT]
C. Forfeiture for Failure to Give Required Notice
Under Fla. Stat. Section 83.49(3)(a), if the landlord fails to give the required notice of intent to impose a claim within 30 days:
- The landlord forfeits the right to impose a claim against the deposit
- The tenant is entitled to return of the full deposit
D. Attorney's Fees and Costs
Under Fla. Stat. Section 83.49(3)(c), the prevailing party in an action arising out of security deposit disputes is entitled to recover court costs and reasonable attorney's fees.
E. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Landlord's notice of deposit location (if provided)
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Landlord's notice of intent to impose claim (if any)
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Accrued Interest: Pay to our Client all accrued interest: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Florida Small Claims Court (for claims up to $8,000) or County Court for return of the deposit, interest, attorney's fees, and costs.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Fla. Stat. Section 83.49(3)(c).
-
Argue Forfeiture: Argue that your failure to provide proper notice within 30 days forfeits your right to any claim against the deposit.
-
Report Violations: Report your conduct to:
- Florida Attorney General - Consumer Protection Division
- Florida Department of Business and Professional Regulation
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[FLORIDA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's claim notice (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
FLORIDA SECURITY DEPOSIT QUICK REFERENCE
| Element | Florida Requirement |
|---|---|
| Governing Statute | Fla. Stat. Section 83.49 |
| Deposit Limit | No statutory limit |
| Return Deadline | 15 days (no claim); 30 days (claim notice) |
| Itemization Required | Yes, in claim notice |
| Required Notice Language | Yes - specific statutory language required |
| Interest Required | Yes (5% or actual if interest-bearing account) |
| Separate Account Required | Yes |
| Penalty for Violation | Forfeiture of right to claim; attorney's fees |
| Attorney's Fees | Yes - to prevailing party |
| Small Claims Limit | $8,000 |
FLORIDA-SPECIFIC PRACTICE NOTES
[ ] 15/30 Day Rule: The landlord has 15 days to return the deposit if making no claim. If claiming deductions, the notice of intent must be sent within 30 days.
[ ] Required Statutory Language: The notice of intent to impose a claim MUST include the exact statutory language from Fla. Stat. Section 83.49(3)(a). Failure to do so is fatal to the claim.
[ ] Certified Mail Required: The notice of intent must be sent by certified mail. Regular mail is insufficient.
[ ] Forfeiture Remedy: If the landlord fails to comply with the 30-day notice requirement, they forfeit the right to impose any claim - this is a powerful argument.
[ ] 15-Day Objection Period: If the tenant receives a proper notice of intent to impose a claim, they have 15 days to object in writing. Failure to object does not waive the right to dispute in court.
[ ] Interest Requirements: Florida is one of few states requiring interest on deposits. The landlord must notify the tenant how the deposit is held within 30 days.
[ ] No Deposit Cap: Florida has no statutory limit on security deposits. Large deposits may indicate a landlord unfamiliar with tenant rights.
[ ] Condo/HOA Properties: Condos and properties in HOAs may have additional move-out inspection requirements.
[ ] Seasonal Rentals: Different rules may apply to seasonal or vacation rentals.
This template is for informational purposes only and does not constitute legal advice. Florida security deposit law has strict procedural requirements. Consult a licensed Florida attorney before use.