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Floridaยท Answer

How does a Florida tenant dispute a deposit deduction?

Short answer

Step 1: write a demand letter to the landlord (certified mail, return receipt) requesting the deducted amount, citing Fla. Stat. 83.49(3) and any specific deductions disputed. Step 2: if the landlord does not respond within a reasonable time (typically 14-30 days), file a small-claims action in the county where the property is located. Filing fees range $30-$100. Step 3: at the hearing, present the move-in checklist, photos, lease, deposit receipt, and the landlord's itemized statement. Treble damages plus attorney fees if the court finds bad-faith withholding under Fla. Stat. 83.49(3)(c). Many Florida tenants prevail simply because the landlord failed to itemize within the statutory deadline.

Source: Fla. Stat. 83.49(3)


Honest limits

This is an informational answer based on Fla. Stat. 83.49(3) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Florida-licensed attorney.

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