[FL] How do I make my landlord show proof for withholding $500 from my deposit?
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Thanks. I’m sorry you’re in this situation. In Florida, you’re entitled to the landlord’s justification for any deposit deductions. If they won’t provide it voluntarily, here’s how to force the issue short of full litigation:
Florida Law (Fla. Stat. § 83.49(3)): If the landlord keeps any part of your deposit, they must send a written notice of intent within 30 days of you vacating, to your last known mailing address (certified mail). It must state the exact amount and reason and inform you that you have 15 days to object in writing. If they don’t send a timely, proper notice, they lose the right to keep any portion—even if deductions might otherwise be valid.
Ways to get their evidence without filing a full suit:
- Certified-mail demand letter citing § 83.49(3). Demand return of the $500 or full documentation within 7 days; warn you’ll file small claims seeking the funds, court costs, and attorney’s fees (§ 83.48), plus any punitive remedies for willful violations.
- Complain to FDACS (Florida Dept. of Agriculture & Consumer Services). They can send a letter that sometimes prompts a response.
- Small-claims pre-suit notice (simple notice of claim) often shakes loose documentation.
- Pattern check: Search county court dockets for prior deposit suits against this landlord. A pattern could support a FDUTPA (deceptive practices) angle.
About your videos: Don’t disclose them yet. First, force their written proof. If you end up in court, use your time-stamped videos to rebut their claims.
If they still refuse: File in small claims court (up to $8,000 in FL). After filing, you can use Requests to Produce and Interrogatories to get receipts, invoices, and photos. Given $500 is at stake, small claims is fast and low-cost; you can recover attorney’s fees if you win. You can likely handle this yourself.
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I moved out of a rental house, and the landlord kept about $500 of my ~$2,000 security deposit for “expenses.” I asked for proof of damages and justification—no reply. I hinted I’d have an attorney request it; now they won’t respond at all. I have move-in and move-out videos (haven’t told them). I suspect they do this to every tenant. How do I get their evidence without filing in civil court and doing a Request to Produce?
Have you reviewed your lease for the deposit-deduction process?
Yes.
Have you tried a formal demand letter for the balance and documentation?
I did. This matter is in Florida, by the way.
How are you?
Hello Andres, I’m fine—hope you are too.
Thanks. I’m sorry you’re in this situation. In Florida, you’re entitled to the landlord’s justification for any deposit deductions. If they won’t provide it voluntarily, here’s how to force the issue short of full litigation:
Florida Law (Fla. Stat. § 83.49(3)): If the landlord keeps any part of your deposit, they must send a written notice of intent within 30 days of you vacating, to your last known mailing address (certified mail). It must state the exact amount and reason and inform you that you have 15 days to object in writing. If they don’t send a timely, proper notice, they lose the right to keep any portion—even if deductions might otherwise be valid.
Ways to get their evidence without filing a full suit:
- Certified-mail demand letter citing § 83.49(3). Demand return of the $500 or full documentation within 7 days; warn you’ll file small claims seeking the funds, court costs, and attorney’s fees (§ 83.48), plus any punitive remedies for willful violations.
- Complain to FDACS (Florida Dept. of Agriculture & Consumer Services). They can send a letter that sometimes prompts a response.
- Small-claims pre-suit notice (simple notice of claim) often shakes loose documentation.
- Pattern check: Search county court dockets for prior deposit suits against this landlord. A pattern could support a FDUTPA (deceptive practices) angle.
About your videos: Don’t disclose them yet. First, force their written proof. If you end up in court, use your time-stamped videos to rebut their claims.
If they still refuse: File in small claims court (up to $8,000 in FL). After filing, you can use Requests to Produce and Interrogatories to get receipts, invoices, and photos. Given $500 is at stake, small claims is fast and low-cost; you can recover attorney’s fees if you win. You can likely handle this yourself.
Is there anything further you’d add, or is that it? First time using this service.
That covers it and should guide your next steps. If you have more questions, request me by name.
Will do. Thank you so much!
You’re welcome—hope it works out.
