The security-deposit statute is unforgiving about timing. A landlord may have a legitimate damage claim and still lose the right to deduct it from the deposit by missing the notice deadline.
No Claim: Return Within 15 Days
When the landlord does not intend to impose a claim, section 83.49 requires return of the deposit, together with any interest otherwise due, within 15 days after termination of the rental agreement.
Claim: Notice Within 30 Days
When the landlord intends to impose a claim, the landlord must provide written notice within 30 days after termination. The notice must state the amount claimed, explain the reason, and include the statutory objection language in substantially the required form.
The safest practice is to:
- Identify the correct termination date immediately.
- Calendar a deadline earlier than day 30.
- Use certified mail to the tenant’s last known mailing address unless electronic delivery has been properly established under section 83.505.
- Retain the notice, mailing receipt, tracking, and a copy of everything enclosed.
- Avoid vague descriptions such as “damages” or “cleaning.”
What If the Amount Is Not Final?
The statute requires notice of the landlord’s intention and the amount of the claim. If contractors have not finished, use documented reasonable figures and clearly describe the work. Do not let uncertainty push the notice beyond the deadline. Update the accounting carefully if actual cost materially differs, and obtain legal guidance in a disputed or unusually large claim.
