Suing for a withheld security deposit in Florida

Up to $8,000 · 5 years to file.

A landlord who kept your deposit past the legal return deadline. In Florida, small-claims cases for this kind of dispute are filed in the County Court (small-claims division), where you can sue for up to $8,000.

Your deadline: Florida generally gives you 5 years from when the claim arose to file. Miss it and the court can dismiss the case no matter how clearly you're owed.

The filing fee is around $300 (Tiered by amount: about $55 (≤$100), $80 ($100–$500), $175 ($500–$2,500), $300 ($2,500–$8,000), plus service.). Before you file, send a written demand letter and keep proof of delivery.

Source: Fla. Stat. § 34.01; Fla. Sm. Cl. R. 7.010; deadlines: Fla. Stat. § 95.11. Reviewed 2026-06-17.

Note on deadlines: Written contract 5 yrs; oral contract 4; property damage 4; personal injury 2 (4 for some pre-2023 claims).

Suing for something else in Florida: Florida unpaid loan · Florida property damage · Florida unpaid rent · Florida contractor dispute.

Suing for security deposit in nearby states: Georgia ($15,000, 6 years) · Alabama ($6,000, 6 years).

General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.

Updated July 2026