What happens if a Florida landlord does not return the deposit?
Treble damages plus attorney fees if the court finds bad-faith withholding under Fla. Stat. 83.49(3)(c). The tenant must give the landlord 30 days from move-out to return the deposit (or the balance with itemized statement). After that, the tenant can demand return by certified mail and, if no response, file in small-claims court. Florida courts treat missed deadlines as a strong signal of bad faith. The penalty is in addition to the wrongfully withheld deposit. Self-help (refusing to leave or damaging the unit) is never the answer; the legal process is faster than self-help in most Florida jurisdictions.
Source: Fla. Stat. 83.49(3)
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.