How to sue your landlord for your security deposit in Florida

Court

Small Claims Court, part of the County Court in each county

Limit

Up to $8,000, not counting costs, interest and attorney's fees.

Filing fee

Set by statute based on the amount: up to $50 for claims under $100, $75 up to $500, $170 up to $2,500 and $295 above that, plus a small surcharge and the cost of serving the landlord (Fla. Stat. § 34.041).

Where to file

Usually the county where the landlord lives or where the rental is.

Lawyers

You can represent yourself or hire a lawyer. Whoever wins a deposit case is entitled to court costs plus a reasonable attorney's fee (§ 83.49(3)(c)).

• Check the dates: did a certified-mail notice of claim reach you within 30 days? If not, the landlord forfeited the right to claim against the deposit.
• If you got a notice, did you object in writing within 15 days? Either way you can sue, but it matters to the story.

Not sure of the dates? Check the rules in our Florida security deposit law guide.

If the matter goes to court, the prevailing party is entitled to court costs plus a reasonable attorney's fee (Fla. Stat. § 83.49(3)(c)).

For example, if a landlord kept all of a $1,800 deposit, you'd ask for the $1,800, and if you win, your court costs and a reasonable attorney's fee.

Everything you claim, penalties included, has to fit under the court's limit, or you give up the excess by filing there.

1. File a statement of claim. With the clerk of the county court, using the landlord's correct legal name and address.
2. Pay the filing fee and arrange service. The clerk will explain service by the sheriff or a process server.
3. Attend the pretrial conference. Florida small claims cases start with a pretrial conference, where the court often sends the parties to mediation. Many deposit cases settle here.
4. Prepare for trial. If it doesn't settle, the case is set for trial. Bring copies of everything.
5. Present your case. Walk through the dates of move-out, the notice (or lack of one) and its postmark, and your objection.

Because the winner recovers attorney's fees, a landlord with no valid claim has a real reason to settle.

• Your lease
• Proof of the deposit
• The landlord's notice of claim and envelope, or proof none came
• Your written objection, if you sent one
• Move-in and move-out photos
• Your demand letter and Certified Mail receipt

Put everything in date order. Judges hear many cases a day, and a clear timeline is the most persuasive thing you can bring.

Each of these has a self-help center or clerk who can explain local filing. Search the court's name plus “small claims” for its current forms and fees.

• Miami-Dade County Court
• Broward County Court
• Palm Beach County Court
• Hillsborough County Court (Tampa)
• Orange County Court (Orlando)
• Duval County Court (Jacksonville)
• Pinellas County Court