Florida’s deposit rules are in Florida Statutes § 83.49. They set no cap on the amount but prescribe exactly how the money is held, what the tenant must be told and how a claim on the deposit is made, down to the wording of the notice. This guide is general information, not legal advice; check the current statute, which the legislature amends from time to time, including on whether notices may be sent by email.
| Rule | What it requires |
|---|---|
| Cap | None |
| How it is held | Separate non-interest account, separate interest-bearing account, or a surety bond, disclosed to the tenant within 30 days of receipt |
| No deductions | Return the deposit within 15 days after the tenant vacates |
| Deductions | Send a written notice of intention to impose a claim, by certified mail, within 30 days |
| Tenant objection | Tenant has 15 days after receiving the notice to object in writing |
| Missed notice | Landlord forfeits the right to impose a claim on the deposit |
How the deposit must be held
The landlord must keep the deposit in a separate account in a Florida banking institution, either non-interest-bearing or interest-bearing, or post a surety bond. Within 30 days of receiving the deposit, the landlord must tell the tenant in writing how and where it is held, and whether it earns interest. The statute includes required wording for this disclosure, which most Florida leases reproduce.
Returning the deposit: 15 days
If the landlord does not intend to make any claim, the deposit, with any interest due, must be returned within 15 days after the tenant vacates.
Making a claim: the 30-day certified notice
If the landlord intends to keep any part of the deposit, the landlord must send a written notice of intention to impose a claim, by certified mail to the tenant’s last known mailing address, within 30 days after the tenant vacates. The notice must state the reason for the claim and follow the form set out in the statute, including the tenant’s right to object.
If the landlord misses the 30-day notice, the landlord forfeits the right to impose a claim on the deposit and may not set off damages against it, although the landlord can still sue the tenant separately for damages after returning the deposit.
The tenant’s 15 days to object
The tenant has 15 days after receiving the notice to object in writing. If the tenant does not object, the landlord may deduct the claimed amount and must pay the balance to the tenant within 30 days after the date of the notice. If the tenant objects, either side can go to court, and the court can award costs and attorney’s fees to the winning party.
A checklist
Send the deposit disclosure within 30 days of receipt. Keep the deposit in the account or bond you disclosed. After move-out, decide quickly: refund within 15 days, or send the statutory notice by certified mail within 30 days, keeping the mailing receipt. Record the tenant’s response date and refund the balance on time. The move-in and move-out checklist supports the claim with dated evidence, and lease and document tracking keeps the notice and receipt with the lease. For other states, see security deposit return deadlines by state.
This article is general information, not legal advice. Rental rules change and vary by jurisdiction; check the current law or consult a local lawyer before acting on it.
Common questions
How long does a Florida landlord have to return a security deposit?
15 days after the tenant vacates if there are no deductions. To keep any part, the landlord must send a certified notice of claim within 30 days.
What happens if a Florida landlord misses the 30-day notice?
The landlord forfeits the right to impose a claim on the deposit, though they can still sue for damages separately after returning it.
How long does a Florida tenant have to dispute deductions?
15 days after receiving the landlord’s notice, in writing.
Does Florida limit security deposits?
No. Florida sets no cap, but the deposit must be held as the statute requires and disclosed to the tenant within 30 days.
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