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Florida Security Deposit Law, in Plain English

Florida's deposit statute is a game of deadlines. There's no cap on what a landlord can charge and no required inspection — but there's a 15-day clock, a 30-day clock, a 15-day objection window, and a loser-pays rule that turns sloppy paperwork into someone else's attorney bill. Here's how Fla. Stat. § 83.49 actually works, for both sides of the lease.

No cap — but strict rules on where the money lives

Florida is one of the states with no statutory limit on deposit size. One or two months' rent is the norm, but that's the market talking, not the law.

What the law does regulate is where the money sits. Under § 83.49(1) a landlord must pick one of three options: a separate non-interest-bearing Florida bank account; a separate interest-bearing Florida account, with the tenant entitled to at least 75% of the annualized average interest rate or 5% simple interest per year, at the landlord's election; or a surety bond posted with the court (covering the deposits held or $50,000, whichever is less) plus 5% simple interest. Under the account options, mixing deposit money with the landlord's own funds is prohibited.

Landlords renting **five or more units** owe the tenant a written disclosure — in the lease or within 30 days of receiving the deposit — saying how and where it's held and whether it earns interest.

After move-out: 15 days to return, 30 days to claim

The moment the tenant leaves, one of two clocks starts.

**If the landlord keeps nothing:** the full deposit (plus any interest owed) comes back within **15 days**.

**If the landlord intends to keep any of it:** within **30 days**, the tenant must receive written notice of the claim — sent by certified mail to the tenant's last known address, stating the intention to impose a claim and the reason. Since July 1, 2025, the notice can go by email instead, but only if landlord and tenant signed an addendum authorizing electronic delivery (§ 83.505).

Miss the 30 days and the landlord **forfeits the right to take anything from the deposit** — even for real damage. The deposit goes back; the landlord's only remaining move is to sue separately, out of pocket, with fee-shifting waiting at the end.

Then the tenant is on the clock: **15 days** from receiving the notice to object in writing. Silence authorizes the landlord to deduct exactly what the notice claimed, with the balance disbursed within 30 days of the notice date.

Deadlines decide the process. The record decides the outcome.

PropInspect walks you room by room — photos, 60-second video clips, and tagged notes attached to each room. Share the finished report as a link the other party can view without an account, or download it as a PDF to attach to a claim notice or an objection letter. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Florida law or a particular result in a deposit dispute.

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The notice most tenants never send — and what skipping it costs

Buried in § 83.49(5): a tenant leaving before a written lease ends — or ending a month-to-month — is supposed to give at least **7 days' written notice** before vacating, by certified mail or personal delivery, including a forwarding address.

Skip it and you don't lose the deposit. You lose something subtler: the landlord is relieved of the 30-day claim-notice requirement. The forfeiture rule that normally punishes a silent landlord stops protecting you. A two-line letter with a forwarding address keeps your best procedural weapon live — and gives the landlord somewhere to send the check.

The statute regulates the process — the evidence settles the substance

Unlike California, Florida's statute doesn't enumerate what a landlord may deduct, doesn't require a move-in checklist, and doesn't mandate photos. The deposit secures the lease: unpaid rent and damage beyond **normal wear and tear** are fair game; faded paint and carpet worn by ordinary walking are not.

That silence cuts both ways. With no statutory checklist, a Florida deposit dispute comes down to whose account of the unit's condition a judge finds more credible — which in practice means whose account comes with dated, room-by-room documentation from move-in and move-out. The side holding the record usually doesn't need the hearing.

**The fee-in-lieu option.** Since July 2023, § 83.491 lets landlords offer a monthly fee instead of a deposit. Know what it is: the fee is never returned, it isn't insurance for the tenant, and damage can still be billed within 30 days after the tenancy. The traditional deposit must still be offered, and a tenant can switch to one at any time. Over a long tenancy, the fee almost always costs more than money you get back.

When it goes wrong: forfeiture, then loser-pays

Florida's statute doesn't award double or triple damages like some states. Its teeth are two other things.

**Forfeiture.** A landlord who misses the 30-day notice, or sends a defective one, loses the claim against the deposit entirely.

**Fee-shifting.** In a lawsuit over the deposit, § 83.49(3)(c) awards the prevailing party court costs **plus a reasonable attorney's fee**. That rule changes settlement math on both sides: a weak claim or a stubborn withholding isn't just risky, it can end with paying the other side's lawyer.

Most deposit fights land in the small claims division of county court, which handles claims up to **$8,000** (excluding interest, costs, and fees), with tiered filing fees of roughly $55–$300. Bring the paper: the claim notice or objection letter, the lease, and the condition record.

Fuentes y textos oficiales

The official sources for this guide are **Fla. Stat. § 83.49** — the security deposit statute (holding options, 15/30-day deadlines, objections, forfeiture, fee-shifting); **Fla. Stat. § 83.491** — the fee-in-lieu-of-deposit option (effective July 1, 2023); **Fla. Stat. § 83.505** — electronic delivery of notices by signed addendum (effective July 1, 2025); and the **Florida Courts small-claims** page ($8,000 county-court limit).

Preguntas frecuentes

How long does a landlord have to return a security deposit in Florida?

15 days after the tenant moves out, if the landlord isn't claiming any of it. If the landlord intends to keep some or all of the deposit, they instead have 30 days to send written notice of the claim by certified mail (or by email, if both sides signed an electronic-delivery addendum). The undisputed balance is then paid out within 30 days of that notice.

How much can a landlord charge for a security deposit in Florida?

There is no legal limit. Florida's statute regulates how deposits are held and returned, not how large they can be. One to two months' rent is the market norm, but nothing in § 83.49 caps it.

What happens if the landlord misses the 30-day claim deadline?

The landlord forfeits the right to take anything out of the deposit and must return it. They can still sue the tenant for the damage separately — but they can't use the deposit as leverage, and in that lawsuit the loser pays the winner's court costs and attorney's fees.

I got a claim notice. What should I do?

You have 15 days from receiving it to object in writing. If you don't, the landlord is authorized to deduct exactly what the notice claimed. If you do object, the dispute heads toward negotiation or small claims court — so send your objection promptly, keep a copy, and gather your move-in and move-out documentation.

What can a landlord deduct from a deposit in Florida?

Unpaid rent and damage beyond normal wear and tear, as provided by the lease. Unlike some states, Florida's statute doesn't list deduction categories — which is why the itemized claim notice and the condition record behind it end up deciding most disputes.

Do I have to tell my landlord before I move out?

If you're leaving before a written lease ends (or ending a month-to-month), § 83.49(5) says to give at least 7 days' written notice with your forwarding address, by certified mail or personal delivery. Skip it and you don't lose your deposit — but the landlord is relieved of the 30-day claim-notice requirement, which removes your best procedural protection.

Does my deposit earn interest in Florida?

Only if the landlord chooses to hold it in an interest-bearing account (you get at least 75% of the annualized average rate, or 5% simple interest, at the landlord's election) or posts a surety bond (5% simple interest). A separate non-interest-bearing Florida account is also legal, and then no interest is owed.

What is a 'fee in lieu of security deposit'?

Since July 2023, landlords may offer a monthly fee instead of a deposit (§ 83.491). The fee is not insurance for you and is never returned — and you can still be billed for damage within 30 days after the tenancy ends. The landlord must also offer a traditional deposit, and you can switch to one at any time. Over a long tenancy, the fee usually costs more than a refundable deposit.

Keep a clear record.

Document the property condition with photos, video, and notes.

PropInspect is a documentation tool, not a compliance service or legal-advice product.

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These state rules are not interchangeable. Read the guide for the state where the rental is located.

Fuentes y textos oficiales