When a disaster forces tenants to move out of a rental property, recovering your security deposit becomes an important concern.
Florida law provides specific rules about when and how deposits must be returned.
Provide a Forwarding Address
One of the most important steps tenants must take is providing the landlord with a forwarding address in writing.
This address can be:
- A temporary residence
- A friend or family member’s home
- A new rental property
Simply submitting a change of address with the post office is not enough to protect your legal rights.
What Does Florida Law Require?
If the landlord does not make a claim against the security deposit, they must return it within 15 days after you move out.
If the landlord plans to keep part or all of the deposit, they must:
- Send a letter by certified mail
- Within 30 days after move-out
- Explaining the reason for the claim
- Listing the amount being kept
You Have the Right to Dispute the Claim
After receiving the landlord’s letter, tenants have 15 days to dispute the claim in writing.
If you do not respond within the timeframe, the landlord may keep the deposit.
If you dispute the claim:
- Send the response in writing
- Keep a copy for your records
- Use certified mail if possible
Proper documentation can be critical if disputes arise later.
Disclaimer: This information is not intended to take the place of legal advice. It is designed to inform you with basic information regarding hurricane preparedness and ways to protect yourself as a homeowner or renter after a disaster.
Need Legal Help?
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to eligible individuals, families, and vulnerable communities across 13 Florida counties, as well as to farmworkers statewide.
FRLS office locations:
- Belle Glade
- Fort Myers
- Port St. Lucie
- Immokalee
- Lakeland
- West Palm Beach
Our offices serve the following counties: Lee, Polk, Palm Beach, St. Lucie, Martin, Okeechobee, Indian River, Highlands, Hardee, Hendry, Charlotte, Desoto, and Glades.
You can contact us on our Intake Hotline at 1-888-582-3410.