Florida security deposit law is set out in Section 83.49 of the Florida Statutes, which tells landlords how they must hold a tenant’s deposit, what written notice they owe, and how quickly they must return the money or send a claim after the lease ends. There is no state cap on the amount a landlord can charge, so the real protections for both sides are in the holding rules, the notice rules, and the deadlines after move-out. Miss a deadline and a landlord can lose the right to keep any of the deposit; ignore a notice and a tenant can lose the right to object to deductions.
No Cap on the Deposit Amount
Florida does not limit how much a landlord can charge for a security deposit. One month’s rent, two months, or more is all permitted under state law. Some cities or counties may have their own rules, so it is worth checking local ordinances before signing.
How the Deposit Must Be Held
The landlord has three options for holding a security deposit or advance rent, and cannot mix the money with personal or business funds under any of them.1Justia. Florida Statutes 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
- A separate non-interest-bearing account at a Florida financial institution. The tenant gets the original amount back and nothing more.
- A separate interest-bearing account at a Florida financial institution. The tenant is entitled to at least 75 percent of the annualized average interest rate the account earns, or 5 percent simple interest per year, whichever the landlord chooses.
- A surety bond posted with the clerk of the circuit court in the county where the rental unit is located, in an amount equal to the deposits held or $50,000, whichever is less. Under this option the landlord must pay the tenant 5 percent simple interest per year on the deposit.
The statute prohibits commingling in every case. The deposit stays in the separate account or covered by the bond until the money is legitimately owed to the landlord.
Written Notice Within 30 Days of Receiving the Deposit
Within 30 days of receiving a security deposit or advance rent, the landlord must give the tenant a written notice stating whether the money is in a non-interest-bearing account, an interest-bearing account, or covered by a surety bond; whether the tenant is entitled to interest; the name and address of the institution or bonding company holding the funds; and the specific disclosure language required by the statute about the landlord’s right to transfer advance rent as it becomes due.1Justia. Florida Statutes 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
The notice can be included in the lease itself or sent separately within the 30-day window. If the landlord later moves the deposit or changes how it is held, a new notice must go out within 30 days of that change. Landlords who rent fewer than five individual units are exempt from the notice requirement, but they still have to follow the holding rules.
Deadlines After the Tenant Moves Out
Once the lease ends and the tenant vacates, one of two clocks starts running.
15 Days If There Are No Deductions
If the landlord is not claiming anything against the deposit, the full amount, plus any interest owed, must be returned within 15 days after the tenant moves out and the lease terminates. The refund goes to the tenant’s last known mailing address unless the parties agree on a different method.
30 Days to Send a Notice of Intent to Claim
If the landlord plans to keep any part of the deposit for damage or unpaid rent, the landlord must send a written notice by certified mail to the tenant’s last known address within 30 days of the lease ending. The notice has to state the landlord’s intention to keep part of the deposit, explain the specific reasons, and include statutory language telling the tenant they have 15 days to object in writing or the landlord may proceed with the deduction.
A landlord who misses the 30-day deadline forfeits the right to impose any claim against the deposit. The landlord can still sue separately for damages, but only after returning the full deposit first.2The Florida Legislature. Florida Statutes 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
What a Landlord Can Actually Deduct
Deductions are allowed for unpaid rent and for damage caused by the tenant’s breach of the lease. Florida’s statutory definition of a security deposit specifically includes monetary damage from a tenant’s breach before the lease expires.3The Florida Legislature. Florida Statutes 83.43 – Definitions
Normal wear and tear is not deductible. Scuffed baseboards, small nail holes from hanging pictures, and paint faded by years of sunlight are the kind of things Florida courts have treated as ordinary use. Carpet destroyed by pet stains is a different story and can be deducted. The landlord carries the burden of proving that damage goes beyond ordinary use.
How a Tenant Objects to Deductions
After receiving the certified-mail notice of intent to claim, the tenant has 15 days to send a written objection. The objection should identify which deductions the tenant disputes and why. If the tenant does not respond within those 15 days, the landlord may go ahead and take the claimed amount out of the deposit.
Documentation is what usually decides a dispute. Photos or video of the unit’s condition on move-in day and again on move-out day are the strongest evidence a tenant can have. Copies of maintenance requests submitted during the lease can show that a problem existed before move-out. Without records, these arguments come down to one person’s word against another’s, and that is a hard place for either side to be.
Taking a Deposit Dispute to Court
When negotiation fails, either party can file a lawsuit. Florida’s small claims court handles cases up to $8,000, with a simpler and faster process than regular civil court.4The Florida Bar. Florida Small Claims Rules Annotated Larger disputes go to county court, which has jurisdiction over civil claims up to $50,000.5The Florida Legislature. Florida Statutes 34.01 – Jurisdiction of County Court
The statute gives the prevailing party the right to recover court costs plus a reasonable attorney’s fee from the losing side.1Justia. Florida Statutes 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant That rule changes the math on both sides. A landlord wrongfully holding a $1,200 deposit can end up paying it back plus thousands in the tenant’s legal fees. A tenant filing a weak claim can end up owing the landlord’s attorney costs. Many Florida counties also offer mediation programs, which are usually faster and cheaper than a trial and are non-binding unless both sides sign a settlement.
When the Tenant Cannot Be Located
If the tenant moves out and the landlord cannot find them to return the deposit, the money does not become the landlord’s to keep. Under Florida’s Disposition of Unclaimed Property Act (Chapter 717), security deposits left unclaimed for five years must be reported and turned over to the state, with deposits under $10 exempt. The landlord is expected to make reasonable efforts to contact the tenant before the dormancy period runs. Once the funds are with the state, the former tenant can still claim the money through Florida’s unclaimed property program.