Southwest Florida’s rental market boomed — and so did wrongful deposit withholding. If your Lee County landlord kept your money, we fight to get it back. No fees unless we win.
Lee County added renters faster than almost anywhere in America over the past decade. Cape Coral’s canal-lined blocks filled with single-family rentals, Fort Myers sprouted apartment complexes from downtown out to Gateway, and Lehigh Acres became one of the state’s biggest workforce rental markets. New landlords flooded in with the growth — many of them first-time or out-of-state owners who have never read Florida’s deposit statute.
That inexperience shows at move-out. Deposits returned late or not at all, deduction lists scribbled in a text message instead of certified mail, charges for repairs the landlord was always obligated to make. Florida Statute 83.49 doesn’t grade on a curve for new landlords: 15 days to return the deposit, 30 days to claim deductions by certified mail (or agreed-upon email), forfeiture for failure.
Hoffman Legal represents tenants across Fort Myers, Cape Coral, Lehigh Acres, North Fort Myers, Estero, and Bonita Springs. Everything runs by phone, email, and video — no office visit required — and you pay nothing unless we recover.
Southwest Florida’s hurricane cycles created a deduction pattern we see constantly: landlords passing storm-related or insurance-covered repairs through tenant deposits. Water-stained ceilings, warped flooring, screen-enclosure damage — costs that belong to the owner and their insurer — show up on move-out statements as “tenant damage.” The statute is unambiguous: only damage the tenant actually caused, beyond ordinary wear, is deductible, and only when claimed properly and on time.
The county’s investor-heavy ownership adds a second layer. Homes trade between out-of-state buyers mid-lease, and deposits are supposed to transfer with them — but often don’t. When the lease ends, the new owner claims they never received the deposit and the old owner has vanished. Florida law protects the tenant in that scenario, and we know how to pin responsibility where it belongs.
The statewide rules below apply from downtown Fort Myers to the far ends of Cape Coral’s canal grid.
A Lee County landlord taking no deductions owes your full deposit within 15 days of move-out. Any deduction demands an itemized claim — by certified mail (or agreed-upon email) or agreed-upon email — within 30 days.
Fort Myers and Cape Coral deposit disputes are filed with the Lee County Court at the Justice Center in downtown Fort Myers. Claims of $8,000 or less use the small claims division.
A landlord who skips or fumbles the 30-day notice forfeits the claim — “I’m new to this” and “the old owner has your deposit” are not defenses.
Florida law generally awards prevailing tenants their reasonable attorney’s fees and costs, paid by the landlord — the reason our representation costs you nothing up front.
Tell us what happened. We review your lease, your move-out, and any deduction notice at no charge — and tell you plainly where you stand.
We gather photos, texts, receipts, and payment records — including evidence of pre-existing or storm-related conditions the landlord is trying to charge you for.
We send a formal demand letter that gets attention, whether the landlord is in Cape Coral or three states away. Most Lee County cases settle here.
If they refuse, we’re prepared to file at the Lee County Justice Center and pursue your full deposit, interest, and fees.
You pay nothing unless we win. The consultation is always free.
Phone, email, or video — your whole case handled without crossing the Caloosahatchee.
Speak with a real attorney, not a call center — day or night.
Full representation in English or Spanish — your choice, at no extra cost.
Under Florida Statute 83.49, 15 days to return the full deposit when no deductions are taken, or 30 days to send a written, itemized claim by certified mail (or agreed-upon email). A landlord who does neither forfeits any claim to your money — the full deposit is owed back.
No. Storm damage, insurance-covered repairs, and pre-existing conditions are the owner’s responsibility — not tenant damage. Deposits may only cover damage you actually caused beyond ordinary wear and tear. Date-stamped photos and your move-in checklist make these deductions collapse quickly.
Florida law addresses exactly this: on transfer, the deposit obligations pass to the new owner once the funds or credit are transferred, and the statute governs who must respond at move-out. If the owners point fingers at each other, that’s their dispute — not a reason you go unpaid. We determine the responsible party and pursue them directly.
At the Lee County Justice Center in downtown Fort Myers, which serves Cape Coral, Lehigh Acres, and the rest of the county. Claims of $8,000 or less proceed in small claims. Most of our matters settle on a demand letter without a filing.
Yes — all of Lee County, including Estero, Bonita Springs, Lehigh Acres, North Fort Myers, and San Carlos Park. The statute and deadlines are identical countywide, and remote handling means your location never slows the case.
A note on how deposit notices may be delivered: since July 1, 2025, a Florida landlord may deliver the deduction notice by email instead of certified mail — but only when landlord and tenant have both signed the electronic-delivery addendum described in Florida Statute 83.505. A landlord who misses the notice deadline forfeits the right to keep your deposit, although the law still allows a separate damages lawsuit after the deposit is returned.
Sources: Fla. Stat. § 83.49 — security deposits • Fla. Stat. § 83.505 — electronic delivery of notices
This page provides general information about Florida law, not legal advice for your specific situation, and reading it does not create an attorney-client relationship. For advice about your case, contact us for a free consultation.
Hoffman Legal represents tenants across Florida. Explore nearby service areas, or start with one of our plain-English legal guides: