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How to Sue Your Landlord for a
Security Deposit in
Florida Small Claims Court

If your Florida landlord ignored your demand letter or sent a “Notice of Intent to Impose a Claim” that you’ve disputed, your final step is Small Claims Court. This system is designed for civil disputes up to $8,000, allowing you to have your case heard by a judge without the high cost of a lengthy lawsuit.

This guide will show you how to file a case based on your landlord’s violation of Florida Statute § 83.49. Whether they missed the 30-day notice deadline or are refusing to return your funds after you objected, the court is your venue to get a binding resolution.

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Understanding Your Legal Basis for Suing in Florida

Your lawsuit in Florida is built on proving your landlord failed to follow the strict, non-negotiable procedures of Florida Statute § 83.49. As our Florida Security Deposit Demand Letter Guide explained, the law is all about process. Your landlord must have followed one of two paths:

  1. If they had no claim: They had 15 days to return your full deposit.

  2. If they had a claim: They had 30 days to send you a formal, written “Notice of Intent to Impose a Claim” via certified mail.

Your case for small claims exists because they failed (they missed the deadline) or you are in dispute (you received the notice, objected in writing within 15 days, and the landlord is still refusing to return your money). The good news is that Florida law allows a judge to award you court costs and even attorney’s fees if you win.

Florida security deposit law infographic

This Guide Covers:

  • The $8,000 limit for Florida Small Claims Court

  • A step-by-step guide to filing a “Statement of Claim”

  • How to “serve” the summons on your landlord

  • The evidence you need to win (especially proof of the landlord’s failed notices)

  • How Sue.com can help you prepare your case file

Key Questions Before You File Your Case

How Much Can I Sue For?

In Florida, a Small Claims Court case is for any dispute valued at $8,000 or less (not including court costs or interest). This is the “simplified” process. If your claim is over $8,000, you must file in a different division of the county court.

Where Do I File My Case?

You must file in the county where the rental property was located or where your landlord lives or does business. You will file with the Clerk of the County Court for that specific county.

How Long Do I Have to File? (Statute of Limitations)

You must file your case within the statute of limitations. For a written lease (a written contract), you have five years from the date your landlord violated the agreement. For an oral or verbal lease, you have four years.

How to File Your Small Claims Case in Florida: A Step-by-Step Guide

Step 1: Get the Correct Form

The primary document you will file is a “Statement of Claim.” This is the official form where you detail who you are, who you are suing (the landlord), and the facts of your case (e.g., “Landlord failed to return $2,000 security deposit in violation of F.S. § 83.49”).

Step 2: File Your Claim with the Clerk of Court

You must file the Statement of Claim with the Clerk of Court in the proper county. Most Florida counties now use the statewide “Florida Courts e-Filing Portal” for submitting your documents online. You will upload your form and any initial evidence.

Step 3: Pay the Filing and Service Fees

You will have to pay a filing fee, which varies by county and the amount you are suing for. You will also pay a “service” fee for the Sheriff or a private process server to deliver the lawsuit to your landlord. If you win, you can ask the judge to make the landlord pay you back for these costs.

Step 4: "Serve" the Summons on Your Landlord

Once you file, the clerk will issue a “Summons.” This is the official court order notifying your landlord that they are being sued. You must arrange to have this Summons and a copy of your Statement of Claim legally “served” (delivered) to your landlord. This is typically done by the county Sheriff or a private process server.

Gathering Your Evidence to Win

Your case will be won on the evidence that proves your landlord violated the procedure of F.S. § 83.49. You must bring:

  • The Lease: Your signed lease agreement.

  • Proof of Payment: Canceled checks or bank statements showing you paid the deposit.

  • Proof of Notice (or Lack Thereof): This is key. Bring the certified mail “Notice of Intent” you received. If you never received one, you can show the judge that the 30-day deadline passed.

  • Your Written Objection: The certified mail receipt for the written objection you sent within 15 days of receiving their notice.

  • The Demand Letter: A copy of the final demand letter you sent and its certified mail receipt.

  • Photos/Videos: Move-in and move-out photos to counter any of the landlord’s claims of damage.

How Sue.com Helps You File Your Case

Navigating Florida’s e-Filing Portal and preparing a case that properly cites the law can be the most intimidating part. Our $99 Small Claims Court Package is designed to handle this.

The $39 Demand Letter was the first step. This is the next. We move beyond just a guide and help you:

  • Prepare Your “Statement of Claim”: We help you complete the correct forms, making sure you clearly state your landlord’s violation of F.S. § 83.49.

  • Navigate E-Filing: We provide guidance on using the Florida Courts e-Filing Portal to get your case properly filed.

  • Organize Your Evidence: We’ll help you structure your evidence around the critical dates and notices to present a clear, winning case to the judge.

This package gives you the confidence and the tools to see your dispute through to the end.

Resources

Step 1

Answer a Few Simple Questions

Tell us what happened — who owes you, how much, and why. Our system guides you step-by-step with no legal jargon.

Step 2

We Draft Your Florida Demand Letter

Using your answers, we instantly generate a professionally written, legally sound Florida demand letter tailored to your situation.

Step 3

We Mail It for You

We print and mail the Florida demand letter directly to the recipient via USPS — creating proof you attempted to resolve the matter before court.

Florida security deposit demand letter

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Got questions about how Sue.com works, what’s included in each package, or what happens after your letter is sent? We’ve got you covered — quick, clear answers to help you move forward with confidence.

What is the maximum amount I can sue for in Florida Small Claims Court?

The limit for the simplified small claims process in Florida is $8,000. If your claim is for more, you must file in a different division of the county court.

This is difficult. If the landlord sent a proper notice and you failed to object in time, the landlord may be legally authorized to keep the funds. However, if their notice was improper (e.g., not sent via certified mail, or sent after 30 days), you can still sue them for failing to follow the law.

No, you are not required to have a lawyer, and the process is designed for individuals. However, if you are suing as a corporation (e.g., your business was the tenant), you will be required to have an attorney.

This is the statewide online system that most Florida counties use for filing lawsuits. Instead of going to the courthouse in person, you will upload your Statement of Claim and pay your fees through this secure website.

If you have proof that your landlord was properly served with the summons and they fail to appear for the hearing, you can ask the judge for a “default judgment.” This means you win the case by default.

Need help or stuck on something? Our team’s ready to jump in anytime through 24/7 live chat.