How can I get back a residential security deposit in Florida when the landlord is withholding it?
In Florida, statutes set rules for how landlords must hold and account for tenant security deposits and in some cases how interest or notice works. The law describes permitted ways a landlord may hold deposits, obligations about commingling, and rules that apply when a landlord uses a fee-in-lieu program instead of a deposit. Whether a withheld deposit can be recovered depends on how the landlord handled the deposit and the facts around any claimed damages or unpaid rent.
People commonly resolve withheld deposits by requesting an itemized accounting and supporting repair or deduction records, sending a written demand, and, if needed, pursuing the matter in court. Courts have examined both statutory duties and lease terms when deciding deposit disputes, and principles about proving damages can affect remedies in litigation.
Current Florida law
Every answer cites the statute
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What Florida law says
Florida law requires landlords to hold security deposits in one of the statutorily authorized ways and not commingle them with other funds, under Fla. Stat. § 83.49. A landlord may alternatively offer a fee-in-lieu program, with special notice and documentation rules after tenancy under Fla. Stat. § 83.491. For fiduciaries holding refundable deposits, the funds must be treated as principal and held subject to the lease terms under Fla. Stat. § 738.405. Florida case law has addressed deposit disputes and the types of proof courts require when damages or punitive measures are claimed, see e.g. Lewis v. Guthartz, 428 So. 2d 222 (Fla. 1982) and a recent decision involving deposit accounting in an appellate opinion, Westgate & Wabasso Corp. v. Word of Faith Community Development Corporation (Fla. Dist. Ct. App. 2026).
What to do
A common first step is to request, in writing, an itemized accounting and receipts or repair documentation for any deductions the landlord says justify withholding part or all of the deposit.
A common next step is to send a written demand letter asking for return of the deposit and the documentation, noting the statutory holding options and any mismatch you see.
A common option is to prepare for small-claims court by collecting the lease, move-in/move-out photos, receipts, communications, and the landlord’s accounting.
Some people consider filing a small-claims lawsuit if the landlord does not respond or return the deposit after a written demand.
Another option is to use any administrative or dispute-resolution processes available under specific programs if the tenancy is governed by a federal or military housing program.
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Common questions
Must a Florida landlord keep my security deposit in a separate account?
Yes, the statute lists authorized methods for holding deposits and bars commingling: separate non-interest or interest-bearing accounts or posting a surety bond, under Fla. Stat. § 83.49.
If my landlord offered a fee instead of a deposit, do they have different obligations?
Yes, landlords offering a fee-in-lieu program must follow notice and documentation rules after tenancy and may not submit certain insurer claims until providing required notice, see Fla. Stat. § 83.491.
Can a landlord deduct for normal wear and tear?
Statutes distinguish repair for damage beyond normal wear and tear from ordinary depreciation; documentation supporting any itemized damages is relevant under Fla. Stat. § 83.491 and general principles examined in case law.
Will interest be owed on my deposit?
If a landlord elects an interest-bearing account or posts a surety bond as described in Fla. Stat. § 83.49, the tenant may be entitled to receive a statutory portion of interest or a statutory rate specified in the statute.
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This page provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
