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The Notice to Impose Claim on Security Deposit

This single document determines whether you keep or lose the deposit. Get the content right, send it by certified mail, and hit the thirty-day deadline — or forfeit everything.

Under Section 83.49(3)(a), when a landlord intends to keep any portion of a tenant’s security deposit for damages, unpaid rent, or other charges, the landlord must send the tenant a written notice — the notice to impose claim on security deposit — within thirty days after the tenant vacates. This notice is the gatekeeper for every deduction. Without it, the landlord forfeits the entire deposit, even if the tenant left the unit in ruins.

1. Required Content

The notice must contain three elements. First, a statement of intent— a clear statement that the landlord intends to impose a claim on the security deposit. Second, an itemized list of deductions— each claimed deduction must be listed separately with the amount and the reason. A lump-sum claim (“$2,000 for damages”) is insufficient; the landlord must itemize (for example: “Repair hole in bedroom wall — $350; Replace broken kitchen faucet — $175; Professional carpet cleaning — $200; Unpaid rent for March 1–15 — $750”). Third, the statutory objection language— the notice must include the exact language prescribed by Section 83.49(3)(a), which informs the tenant that they have fifteen days to object and that failure to object allows the landlord to proceed with the deductions.

The Statutory Language

Section 83.49(3)(a) provides that the notice must contain the following statement or substantially similar language: “This is a notice of my intention to impose a claim for damages in the amount of [dollar amount] upon your security deposit, due to [reason]. 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 from 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].”

This language should be reproduced verbatim or in substantially similar form. Courts have found notices defective when they omit the fifteen-day objection period, fail to inform the tenant of the right to object, or fail to state where the objection should be sent.

Do Not Paraphrase the Statutory Language

The safest approach is to use the exact statutory language from Section 83.49(3)(a). While the statute permits “substantially similar” language, any departure from the statutory text creates an argument that the notice is defective. Use the statute’s words. Do not improvise.

2. Delivery: Certified Mail Only

The notice must be sent by certified mail to the tenant’s last known mailing address. Regular mail is not sufficient. Hand delivery alone is not sufficient (though you may hand deliver a copy in addition to the certified mailing). The certified mail requirement creates a record of mailing (the certified mail receipt) and delivery (the return receipt or green card), which the landlord will need as evidence if the dispute goes to court.

If the tenant provided a forwarding address, send the notice to that address. If the tenant did not provide a forwarding address, send it to the address of the rental unit — this is the tenant’s last known address. If the certified mail is returned as undeliverable or unclaimed, the landlord has still satisfied the statutory requirement by mailing it to the last known address. Retain the returned envelope and all postal receipts as evidence.

3. The Thirty-Day Deadline

The notice must be sent (not received) within thirty days after the tenant vacates. The critical date is the date the landlord deposits the notice with the postal service — as shown on the certified mail receipt — not the date the tenant receives it. However, the landlord should send the notice as early as possible within the thirty-day window to ensure it is postmarked within the deadline even if there are postal delays.

The thirty-day period begins on the date the tenant vacates — the date the tenant physically moves out, surrenders possession, and returns the keys (or is removed pursuant to a writ of possession in an eviction). This date should be documented with a move-out inspection form, photographs, and a notation of the date and time the keys were returned or the unit was found vacant.

4. What Happens After the Notice Is Sent

After the tenant receives the notice, the tenant has fifteen days to object in writing. If the tenant does not object within fifteen days, the landlord may deduct the claimed amounts and return any remaining balance to the tenant. If the tenant objects in writing, the landlord and tenant must either negotiate a resolution or litigate the dispute in court. For litigation strategies, see: Defending Security Deposit Claims in Court.

5. Common Mistakes That Forfeit Your Claim

Missing the thirty-day deadline. Even by one day. The deadline is absolute. If the tenant vacated on March 1, the notice must be postmarked by March 31 at the latest. Postmarked April 1 = forfeiture of the entire deposit.

Sending by regular mail instead of certified mail. The statute requires certified mail. A notice sent by regular mail, email, text message, or any other method does not satisfy the statutory requirement.

Failing to itemize. A notice that states “I am keeping $1,500 for damages” without listing each specific deduction and its amount is defective. Every deduction must be separately stated with a dollar amount and a description.

Omitting the statutory objection language. The notice must inform the tenant of the fifteen-day objection period and the consequences of failing to object. A notice that omits this language is defective.

Sending to the wrong address. The notice must go to the tenant’s last known mailing address. If the tenant provided a forwarding address and the landlord sends the notice to a different address, the notice may be challenged as improperly delivered.

Need a Notice to Impose Claim Drafted?

We draft compliant notices with proper itemization, statutory language, and certified mail delivery — protecting your right to retain the deposit.

6. Frequently Asked Questions

Can I send the notice before the tenant moves out?

No. The notice to impose claim cannot be sent until after the tenant vacates. You cannot assess damages while the tenant is still in possession. The thirty-day clock begins on the date of vacancy, and the notice should be sent after you have inspected the unit and calculated the deductions — but before the thirty-day deadline.

What if I discover additional damage after sending the notice?

The notice should include all known damage at the time it is sent. Damage discovered after the notice is sent may be difficult to claim because it was not included in the original itemized notice. For this reason, conduct a thorough inspection immediately after the tenant vacates — before sending the notice — and include every identifiable deduction in the initial notice.

Can I send the notice by email?

No. Section 83.49(3)(a) requires certified mail. Email does not satisfy the statutory delivery requirement. You may send an email as a courtesy copy, but the formal notice must go by certified mail.

What if the tenant objects — do I have to return the deposit?

Not necessarily. If the tenant objects in writing within fifteen days, the dispute must be resolved — either by negotiation or by litigation. The landlord is not required to return the deposit simply because the tenant objects. The objection means the tenant disputes the deductions, and a court will ultimately determine the proper amount. Until then, the landlord may hold the disputed amount.

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