General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Florida law does not cap the amount of a security deposit. Since 2023 a landlord may also offer a monthly fee in place of a deposit.
- With no claim, the deposit is due back within 15 days after the lease ends; to keep any part, the landlord must send written notice of the claim within 30 days.
- The notice of claim must state the amount and the reason, go by certified mail or email, and use the statutory wording that gives the tenant 15 days to object in writing.
- Interest is owed only if the deposit sits in an interest-bearing account or the landlord posts a surety bond; the tenant then gets at least 75 percent of the interest or 5 percent simple interest a year, as the landlord elects.
- A landlord who misses the 30 day notice deadline loses the right to claim against the deposit, and the winner of a deposit lawsuit can recover court costs and attorney fees.
Florida does not cap deposits, but it is strict about how the money is held and how claims are made at move out. A landlord who misses the written notice deadline loses the right to keep any part of the deposit.
Florida security deposits at a glance
| Rule | Florida | Law |
|---|---|---|
| Deposit limit | Florida law does not cap the amount of a security deposit. Since 2023 a landlord may also offer a monthly fee in place of a deposit. | Florida Statutes sections 83.49 and 83.491 |
| Deadline to return the deposit | With no claim, the deposit is due back within 15 days after the lease ends; to keep any part, the landlord must send written notice of the claim within 30 days. | Florida Statutes section 83.49(3) |
| Itemized deductions | The notice of claim must state the amount and the reason, go by certified mail or email, and use the statutory wording that gives the tenant 15 days to object in writing. | Florida Statutes section 83.49(3) |
| Interest on deposits | Interest is owed only if the deposit sits in an interest-bearing account or the landlord posts a surety bond; the tenant then gets at least 75 percent of the interest or 5 percent simple interest a year, as the landlord elects. | Florida Statutes section 83.49(1) |
| Penalty for wrongful withholding | A landlord who misses the 30 day notice deadline loses the right to claim against the deposit, and the winner of a deposit lawsuit can recover court costs and attorney fees. | Florida Statutes section 83.49(3) |
How much you can collect
Deposit limit. Florida law does not cap the amount of a security deposit. Since 2023 a landlord may also offer a monthly fee in place of a deposit. (Florida Statutes sections 83.49 and 83.491)
Holding the deposit
Where the deposit is held. The landlord must keep the deposit in a separate Florida bank account, with or without interest, or post a surety bond, and may not mix it with personal funds. (Florida Statutes section 83.49(1))
Interest on deposits. Interest is owed only if the deposit sits in an interest-bearing account or the landlord posts a surety bond; the tenant then gets at least 75 percent of the interest or 5 percent simple interest a year, as the landlord elects. (Florida Statutes section 83.49(1))
Receipts and notices. Landlords with five or more units must give written notice within 30 days of receiving the deposit saying where it is held, whether it earns interest, and including the statutory disclosure. (Florida Statutes section 83.49(2))
Deductions and normal wear and tear
A deposit can cover unpaid rent and damage beyond normal wear and tear. Everyday aging, such as faded paint, small nail holes or light carpet wear, is not damage.
Itemized deductions. The notice of claim must state the amount and the reason, go by certified mail or email, and use the statutory wording that gives the tenant 15 days to object in writing. (Florida Statutes section 83.49(3))
Returning the deposit
Deadline to return the deposit. With no claim, the deposit is due back within 15 days after the lease ends; to keep any part, the landlord must send written notice of the claim within 30 days. (Florida Statutes section 83.49(3))
Penalties for wrongful withholding
Penalty for wrongful withholding. A landlord who misses the 30 day notice deadline loses the right to claim against the deposit, and the winner of a deposit lawsuit can recover court costs and attorney fees. (Florida Statutes section 83.49(3))
Mistakes to avoid
- Skipping a dated move-in condition report with photos, then having nothing to compare against at move out.
- Charging for normal wear and tear.
- Missing the return deadline, even by a few days.
- Not asking for a forwarding address before the tenant leaves.
- Losing track of deposit money by mixing it with operating funds without a ledger.
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General information, not legal advice.
Verify current law
We last checked these Florida rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Florida attorney about your situation.
Laws named on this page
- Florida Statutes sections 83.49 and 83.491
- Florida Statutes section 83.49(3)
- Florida Statutes section 83.49(1)
- Florida Statutes section 83.49(2)
Official sources
Florida forms for this topic
Letters and checklists for this topic
Where landlords trip up.
Is there a limit on security deposits in Florida?
Florida law does not cap the amount of a security deposit. Since 2023 a landlord may also offer a monthly fee in place of a deposit. Source: Florida Statutes sections 83.49 and 83.491.
How long does a Florida landlord have to return a deposit?
With no claim, the deposit is due back within 15 days after the lease ends; to keep any part, the landlord must send written notice of the claim within 30 days. Source: Florida Statutes section 83.49(3).
Do Florida landlords have to pay interest on deposits?
Interest is owed only if the deposit sits in an interest-bearing account or the landlord posts a surety bond; the tenant then gets at least 75 percent of the interest or 5 percent simple interest a year, as the landlord elects. Source: Florida Statutes section 83.49(1).
What happens if a Florida landlord keeps a deposit wrongly?
A landlord who misses the 30 day notice deadline loses the right to claim against the deposit, and the winner of a deposit lawsuit can recover court costs and attorney fees. Source: Florida Statutes section 83.49(3).