SECURITY DEPOSIT ITEMIZATION LETTER

(Florida – Fla. Stat. § 83.49 Compliant)

[// GUIDANCE: This template is drafted for use only when the Landlord intends to impose a claim on all or a portion of the Tenant’s security deposit under Fla. Stat. § 83.49(3)(a). If the full deposit will be returned with no deductions, use the statutory “15-Day Return” letter instead.]

I. DOCUMENT HEADER

1. Title: Notice of Intention to Impose Claim on Security Deposit and Itemized Statement of Deductions
2. Parties:
   • Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
   • Tenant: [TENANT FULL LEGAL NAME]
3. Premises: [RENTAL PROPERTY ADDRESS, INCLUDING UNIT #, CITY, STATE, ZIP]
4. Original Lease Date: [MM/DD/YYYY] (the “Lease”)
5. Effective Date of This Notice: [MM/DD/YYYY] (“Effective Date”)
6. Statutory Authority: Fla. Stat. § 83.49(3)(a) (2023)
7. Delivery Method: Certified Mail, Return Receipt Requested – Tracking No. [TRACKING #]

II. DEFINITIONS

For ease of reference, capitalized terms have the following meanings:

“Deposit” – the security deposit in the original amount of $[AMOUNT] paid by Tenant under the Lease.
“Premises Condition Report” – the move-out inspection report dated [MM/DD/YYYY].
“Statute” – Fla. Stat. § 83.49, as amended from time to time.
“Claim” – Landlord’s good-faith monetary demand against the Deposit as itemized below.

[// GUIDANCE: Add or delete definitions to match the Lease terminology.]

III. OPERATIVE PROVISIONS

1. Total Deposit Held: $[ORIGINAL DEPOSIT AMOUNT]
2. Itemized Deductions (collectively, the “Claim”):

3. Deposit Disbursement Calculation

Original Deposit ........................................ $[ ]
(-) Total Claim ........................................... $[ ]
= Balance to be Returned to Tenant .................... $[ ]
[// GUIDANCE: If the Claim exceeds the Deposit, state “Balance Due FROM Tenant” instead and demand payment.]

4. Payment Method & Timing
   Subject to Tenant’s rights under the Statute, Landlord will:
   a. Mail the net refundable amount (if any) via check payable to [TENANT NAME] within 30 days after the date of this Notice; or
   b. If the Claim exceeds the Deposit, remit no funds and pursue additional recovery consistent with law.

5. Tenant’s Statutory Right to Object
   a. Pursuant to Fla. Stat. § 83.49(3)(a), Tenant has 15 calendar days after receipt of this Notice to deliver a written objection to the Claim to Landlord’s address stated below.
   b. Failure to timely object waives Tenant’s right to dispute the Claim, and Landlord may disburse the Deposit accordingly without further notice.

6. Landlord Contact for Objections
   [LANDLORD NAME OR MANAGEMENT COMPANY]
   Attn: [CONTACT PERSON, TITLE]
   [MAILING ADDRESS]
   Phone: [###-###-####] | Email: [EMAIL]

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that the foregoing itemization is based on:
   a. A reasonable inspection of the Premises; and
   b. Actual or reasonably estimated costs as of the Effective Date.
2. Landlord warrants that all deductions comply with the Statute and the Lease and are limited to amounts permitted by law (e.g., unpaid rent, damage beyond ordinary wear and tear, unpaid utilities, and other lawful charges).

V. COVENANTS & RESTRICTIONS

1. Landlord covenants to provide receipts or substantiating documentation for any repair or cleaning charge in excess of $100.00 within a reasonable time following Tenant’s written request.
2. Tenant covenants to provide Landlord with an updated forwarding address in writing; failure to do so may delay or forfeit the return of any refundable balance.

VI. DEFAULT & REMEDIES

1. Tenant Default: Non-payment of any balance due from Tenant within 15 days after final accounting constitutes a monetary default under the Lease, permitting Landlord to seek:
   a. Money damages;
   b. Reasonable attorneys’ fees and court costs (per § 83.48, Fla. Stat.); and
   c. Any other relief available in the state housing court.
2. Landlord Default: Failure to comply with the Statute may result in forfeiture of the Claim and liability for the Deposit plus prevailing-party attorneys’ fees.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification is “not applicable” per metadata; limitation of liability is governed by statutory penalties.]
1. Nothing herein shall constitute a waiver of statutory rights or remedies available to either party.
2. All liabilities are limited to those expressly provided under the Statute and the Lease.

VIII. DISPUTE RESOLUTION

1. Governing Law: This Notice and any resulting dispute shall be governed by the state landlord-tenant law of Florida.
2. Forum Selection: Exclusive jurisdiction lies with the state housing court of competent venue where the Premises is located.
3. Arbitration: Expressly excluded.
4. Jury Waiver: None; constitutional right preserved.
5. Injunctive Relief: Parties reserve all rights to seek money damages only, consistent with the metadata.

IX. GENERAL PROVISIONS

1. Notices: All notices under this Letter shall be in writing and delivered in accordance with Section III.5 above or the Lease.
2. Severability: If any provision of this Letter is held invalid, the remaining provisions shall continue in full force.
3. Integration: This Letter constitutes the entire security-deposit accounting required under Fla. Stat. § 83.49(3)(a) and supersedes any prior statements on the subject.
4. Amendments: May be amended only by written instrument executed by both parties.
5. Counterparts & Electronic Delivery: Signatures may be executed in counterparts and delivered electronically with the same force as originals.

X. EXECUTION BLOCK

Prepared and submitted this [MM/DD/YYYY].

Acknowledgment of receipt does not* constitute agreement with the Claim.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Notice was sent to Tenant via Certified Mail, Return Receipt Requested, on [MM/DD/YYYY].

[NAME], Agent for Landlord

[// GUIDANCE:
1. Attach move-out photos, invoices, and the Premises Condition Report to strengthen evidentiary support.
2. Track the 30-day statutory deadline rigorously; missing it forfeits the Claim.
3. Maintain proof of mailing (USPS green card) in Landlord’s file.
4. Replace bracketed placeholders before issuing.
]