Florida's Notice of Intention to Impose Claim on Security Deposit: the § 83.49(3) Form, Deadlines, and a Free Generator
This is the document a Florida landlord must send to keep any part of a security deposit. Send it late, in the wrong form, or by the wrong method, and you can forfeit the entire claim. The form below is the current 2025 statute, and the generator fills it in for you with the right deadlines and delivery rules. Statutes verified July 6, 2026.
The prescribed form, word for word
If the landlord intends to impose a claim on the deposit, the landlord must, within 30 days after the termination of the rental agreement, provide the tenant written notice by certified mail to the tenant’s last known mailing address or by e-mail in accordance with s. 83.505 of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The written notice must contain a statement in substantially the following form: Fla. Stat. § 83.49(3)(a)
Section 83.49(3)(a) then prescribes this form, which we reproduce exactly:
This is a notice of my intention to impose a claim for damages in the amount of ⎵BLANK⎵ upon your security deposit, due to ⎵BLANK⎵ . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .
You fill in only three things, and the tool fills them in for you:
- The amount of the claim, added up from what you are keeping.
- The reason, in your own words, in the "due to" blank. This is yours to write. The tool never composes it, offers no dropdown of pre-written reasons, and never tells you whether your claim is valid.
- Your mailing address. The form ends "Your objection must be sent to," so a notice without your address is incomplete. The generator requires it before it will prepare the notice.
The claim notice, filled in
Re: Notice of intention to impose a claim on your security deposit at [Rental property address]
This is a notice of my intention to impose a claim for damages in the amount of $1,415.00 upon your security deposit, due to unpaid rent for the final month and repair of the damaged interior bedroom door beyond normal wear and tear. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to [Your mailing address].
| Deduction | Amount |
|---|---|
| Unpaid rent for the final month | $1,200.00 |
| Repair of the damaged interior bedroom door | $215.00 |
| Amount of claim | $1,415.00 |
You have 15 days after you receive this notice to object to this claim in writing. If you do not object within that time, I may deduct the amount of the claim and will return any remaining balance within 30 days after the date of this notice.
If you have any questions about this notice, you can reach me at the address above.
Florida Statutes § 83.49: https://www.flsenate.gov/Laws/Statutes/2025/83.49
The 30-day clock, and the forfeiture trap
The notice must go out within 30 days after the rental agreement terminated. Miss it and the consequence is severe and automatic:
If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after returning the security deposit to the tenant. Fla. Stat. § 83.49(3)(a)
You forfeit the right to impose any claim and to set off against the deposit, no matter how provable the damage, and you must return the full deposit. It needs no showing of bad faith (our reading, tied to the verbatim text above). A separate lawsuit for damages survives, but only after you return the deposit, and if it goes to court the loser can owe the other side's attorney fees. Send early, and keep your proof.
Certified mail, or § 83.505 e-mail since 2025
The claim notice has only two lawful channels: certified mail to the tenant's last known mailing address, or e-mail under § 83.505. Regular mail, text, and hand delivery do not count.
A notice sent electronically pursuant to this section is deemed delivered at the time it is sent, unless the e-mail is returned to the sender as undeliverable. Fla. Stat. § 83.505
E-mail is available only if you and the tenant signed a § 83.505 addendum. An e-mailed notice counts as delivered when it is sent, unless it bounces, and you must keep a copy and proof of transmission (§ 83.505). This is the correction older Florida guides miss: the 2025 rewrite added e-mail, so certified-mail-only guidance is out of date. Certified mail remains the safe default, with its return receipt as proof; never rely on e-mail in the last days of the window, because a bounce means no delivery.
After the notice: the tenant's 15 days, then your remittance
Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim Fla. Stat. § 83.49(3)(b)
The tenant has 15 days after receiving the notice to object in writing. Because that clock runs from receipt, you cannot compute the tenant's exact deadline from your side. If no timely objection arrives, you may deduct the claim and remit the balance:
Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. Fla. Stat. § 83.49(3)(b)
Note the deliberate offset: the tenant's window runs from receipt, but your 30-day remittance clock runs from the date of the notice. Two more points our reading stresses: the tenant's silence is not a waiver of the tenant's right to sue later, and you should not deduct over a timely written objection. The balance goes out as a second, later document. Never enclose the balance check with the claim notice, and never stamp it "full and final settlement": deduction is authorized only after the tenant fails to object, not before.
The return-of-balance letter (sent later, only if no objection)
Re: Return of your security deposit balance at [Rental property address]
This letter returns the balance of your security deposit for the rental at [Rental property address].
On July 10, 2026 I sent you a written notice of my intention to impose a claim of $1,415.00 on your deposit. The 15-day period to object in writing has passed without a timely objection, so I have deducted the claim as stated in that notice.
| Deduction | Amount |
|---|---|
| Unpaid rent for the final month | $1,200.00 |
| Repair of the damaged interior bedroom door | $215.00 |
| Total claim deducted | $1,415.00 |
The remaining balance of $385.00 is enclosed with this letter.
If you have any questions about this statement, you can reach me at the address above.
Florida Statutes § 83.49: https://www.flsenate.gov/Laws/Statutes/2025/83.49
Why the old Florida Bar Form 12 is out of date
The statutorily named notice is widely circulated as a static PDF that predates the 2025 changes. Tracking the current statute rather than an old form matters, because the differences are substantive: the current text measures the objection window as "within 15 days after" the tenant receives the notice, allows § 83.505 e-mail delivery, and describes a claim "for damages, due to." Older forms often read "from," assume certified mail only, and describe "damage." When in doubt, follow the statutory form the tool generates.
What it costs if it goes to court
If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar. Fla. Stat. § 83.49(3)(a), (3)(c)
The fee rule cuts both ways: a tenant who has to sue and wins can make you pay their attorney fees, and a tenant who sues and loses can owe yours. That is the honest reason to get the notice right the first time.
Generate the notice free
The free Florida deposit tool fills in this exact form, works out the 30-day deadline, and prepares the later return-of-balance letter too. No sign-up, and nothing you type ever leaves your browser. If you are keeping none of the deposit instead, see the dual-path return-letter guide.
Frequently asked questions
What is a Notice of Intention to Impose a Claim?
It is the written notice a Florida landlord must send to keep any part of a security deposit. Section 83.49(3)(a) requires it to be in substantially the statutory form, and to state the amount of the claim and the reason for it.
What is the deadline to send it?
Within 30 days after the rental agreement terminates (Fla. Stat. § 83.49(3)(a)). That is the same trigger date as the 15-day full-return clock, not the physical move-out date.
What happens if I miss the 30 days?
You forfeit the right to impose any claim on the deposit and to set off against it, and you must return the full deposit. A separate lawsuit for damages survives, but only after you return the deposit (Fla. Stat. § 83.49(3)(a)).
How must I deliver it?
Certified mail to the tenant's last known mailing address, or by e-mail if you both signed a § 83.505 electronic-delivery addendum. Regular mail, text message, and hand delivery are not lawful channels for this notice (Fla. Stat. § 83.49(3)(a), § 83.505).
How long does the tenant have to object?
The tenant has 15 days after receiving the notice to object in writing (Fla. Stat. § 83.49(3)(b)). Because that window runs from receipt, you cannot compute the tenant’s exact deadline from your side.
When do I return the balance?
If no timely objection arrives, you may deduct the claim and must remit any balance within 30 days after the date of the notice (Fla. Stat. § 83.49(3)(b)). That clock runs from the notice date, not from the close of the objection window.
Is the old Florida Bar Form 12 still correct?
Treat the current statute as controlling. The 2025 text reads "within 15 days after" you receive the notice and allows § 83.505 e-mail delivery; older static forms often read "from," describe "damage" rather than "damages, due to," and assume certified mail only. Follow the statutory form the tool generates.
What does it cost if it goes to court?
In any court action over the deposit, the prevailing party, landlord or tenant, recovers court costs and a reasonable attorney fee, and the court advances the cause on the calendar (Fla. Stat. § 83.49(3)(c)).
About this page
Every rule above is cited to the Florida statute it comes from, and the prescribed form and quotes are verbatim from the 2025 text (as rewritten by chapter 2025-16). Statutes verified July 6, 2026. Primary sources: Fla. Stat. § 83.49 (official, flsenate.gov) and Fla. Stat. § 83.505. Read how we verify the law. This page is general information for landlords, not legal advice; Deposit Record is not a law firm, and using this page or the generator creates no attorney-client relationship. For advice about your situation, talk to a licensed Florida attorney.