Florida· Answer
What is the penalty for not returning a deposit in Florida?
Short answer
Treble damages plus attorney fees if the court finds bad-faith withholding under Fla. Stat. 83.49(3)(c). The penalty is in addition to the wrongfully withheld deposit itself. Florida courts routinely hear deposit disputes in small-claims court, where landlords who missed the 30-day deadline without written explanation face a presumption of bad faith.
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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