How Do You File a Small Claims Case for a Withheld Deposit in Florida?
File a Statement of Claim with the clerk of the proper county court, under the Florida Small Claims Rules. The limit is 8,000 dollars, exclusive of costs, interest, and attorney fees, and the court sets a pretrial conference after filing. Here is the process, step by step.
The Florida rule in one table
| Question | Florida rule |
|---|---|
| Court | County Court, Small Claims division, under the Florida Small Claims Rules |
| Dollar limit | 8,000 dollars, exclusive of costs, interest, and attorney fees. No individual versus business split stated in the rule |
| Where to file | A county court where the contract was entered into, where the event giving rise to the suit occurred, where the property is located, where any defendant resides, at a location agreed in the contract, or, for money due with no agreed venue, where payment is to be made |
| Form | Statement of Claim. The case is commenced by filing a statement of claim, the clerk assists in preparing it, and forms vary by county clerk |
| Filing fee | Not stated in this guide. No statewide fee figure was verified for this guide, so confirm the current fee with the clerk of the county court where you file |
| Pretrial conference | The court sets it not more than 50 days from filing |
| Suit deadline | Not stated in this guide. No Florida deposit-suit deadline was verified against the official statute for this guide |
What makes Florida different
Florida is the only state in this directory where the clerk is part of the filing step by rule. The Statement of Claim is not a statewide form you download and complete alone. The clerk of the county court assists in preparing it, and the form itself varies by county clerk. Start at the clerk's office for the county where you file, not at a statewide form library.
The second Florida difference is the pretrial conference. Filing does not go straight to a trial date. The court sets a pretrial conference, not more than 50 days from filing, and the defendant is served with a summons and Notice to Appear for that conference. Treat the pretrial conference as a real hearing date: bring the lease, the move-out record, and the demand correspondence, because settlement and scheduling both happen there.
The process, step by step
- Confirm the claim fits the 8,000 dollar limit. Costs, interest, and attorney fees sit outside the limit, so the deposit amount itself must be 8,000 dollars or less.
- Complete a Statement of Claim. The clerk assists in preparing it. If the claim rests on a written document, attach it.
- File it with the clerk of the proper county court and pay the filing fee. Confirm the current fee with that clerk, since no statewide fee figure is stated in this guide.
- Serve the defendant with the summons and Notice to Appear, and attend the mandatory pretrial conference. The court sets the conference not more than 50 days from filing.
- Check the deadline that started the dispute. Florida landlords have 15 days to return the deposit, or 30 days to send a claim notice, from when you vacate at the end of the lease. See Security Deposit Return Deadline in Florida for the rule, and How to Write a Security Deposit Demand Letter for the demand that should precede the filing.
Small claims in the other states
Deposit suits follow the same shape in every state, but the court, the limit, the form, and the fee change at the state line. See How to File a Small Claims Case for a Withheld Deposit in New York and How to File a Small Claims Case for a Withheld Deposit in Washington. For all seven states side by side, see the Small Claims for a Withheld Deposit by State directory.
Source
Court and limit on this page come from the rule text: Florida Small Claims Rule 7.010, via the Florida Supreme Court decision republication. Venue, form practice, and pretrial timing follow rule-based summaries of Rules 7.050, 7.060, and 7.090, and are flagged as secondary-sourced in the registry for this guide. Facts verified 2026-10-25.
This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your state agency.
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