In short: if your landlord sent no written notice of a claim within 30 days of you moving out, they lose the right to keep any of the deposit and should return it in full. Send a written demand, and if it is not paid, file in small claims court. The winning side can recover court costs and a reasonable attorney fee.
First, check the dates
- The day you moved out. The 15 and 30 day deadlines run from the end of the tenancy
- Whether a notice arrived. It must come by certified mail to your last known mailing address, or by email only if you both signed an email notice addendum
- Whether you gave a forwarding address. A tenant who leaves without at least 7 days' written notice and an address relieves the landlord of the notice duty, though you keep your right to the deposit
What the law says
| What happened | Where it leaves you |
|---|---|
| No notice within 30 days | The landlord forfeits any claim on the deposit and cannot set anything off against it. They can still sue you separately for damages, but only after returning the deposit |
| Notice sent, you did not object | The landlord may deduct the claim and must send you the rest within 30 days of the notice date |
| Notice sent, you objected in time | The dispute goes to settlement or court. See how to dispute a deduction |
Florida Statutes section 83.49(3).
Send a written demand
Many landlords pay once they see the law set out. Send a short letter by certified mail and keep a copy:
Dear [landlord],
I moved out of [rental address] on [date]. More than 30 days have passed and I have not received written notice of any claim on my security deposit of $[amount]. Under Florida Statutes section 83.49(3)(a), you have forfeited the right to impose a claim on the deposit.
Please return the full deposit, with any interest due, to [your address] within 7 days. If it is not returned, I will file a claim in Palm Beach County small claims court and ask for court costs and fees under section 83.49(3)(c).
[Your name, phone and email]
Small claims court
Claims of $8,000 or less go to small claims in county court. In Palm Beach County you can file online through the Florida Courts statewide filing portal or at a county courthouse. You do not need a lawyer. The filing fee depends on the amount you claim:
| Amount claimed | Filing fee |
|---|---|
| Less than $100 | $55 |
| $100 to $500 | $80 |
| $500.01 to $2,500 | $175 |
| $2,500.01 to $8,000 | $300 |
Palm Beach County Clerk fees, checked on November 3, 2026. Serving the landlord adds a summons fee and a sheriff's service fee; the clerk lists both.
Under section 83.49(3)(c), the side that wins can recover its court costs and a reasonable attorney fee, so a landlord with no notice on record often settles before the hearing.
Keep your evidence together
- Your lease and proof of the deposit paid
- Proof of the date you moved out and returned the keys
- Your forwarding address notice and when you sent it
- Move out photos, video and any cleaning receipt
- Your demand letter and the certified mail receipt
A thorough clean before you leave is the best way to keep a dispute from starting. Our Florida deposit guide sets out the full timeline, and a move out clean covers the most common reason for deductions.
This guide is general information, not legal advice. Laws change, and your lease may add terms. For advice on your situation, speak to a Florida attorney or the Legal Aid Society of Palm Beach County.