Florida Security Deposit Law: Limits, Deadlines & Deductions
Florida doesn't cap security deposits, but it runs on two hard deadlines: refund within 15 days if you're keeping nothing, or send a claim notice by certified mail within 30 days if you are. Miss the 30-day notice and you lose the right to deduct. This guide covers that part of Florida landlord tenant laws, including where to hold the money, interest, deductions and a worked example.
By LandlordTested editorial teamLast reviewed
Florida deposit rules
- Maximum deposit
- No statutory limit
- Return deadline
- 15 daysReturn within 15 days if no claim. To make a claim, send notice by certified mail within 30 days of lease termination; tenant has 15 days to object; balance due within 30 days of the notice. Missing the 30-day notice forfeits the right to claim against the deposit.
- Interest on deposits
- Conditional
- Itemized list of deductions
- Yes
- Statute
- Fla. Stat. § 83.49
General information, not legal advice. Last legal review October 18, 2026. Laws change; check the statute or a local landlord-tenant attorney before acting.
On this page
The two clocks
Florida’s deposit law (Fla. Stat. § 83.49) splits on one question: are you keeping any of it?
- No claim. Refund the full deposit, and any interest owed, within 15 days after the tenant leaves.
- Claim. Within 30 days after the lease ends, mail the tenant a written notice of your intent to impose a claim, by certified mail to their last known mailing address. The statute prescribes the wording of this notice, so use the statutory language rather than writing your own.
If you miss the 30-day notice, you forfeit the right to claim against the deposit. You’d have to refund it and file a separate lawsuit for damages. That’s the single most expensive deposit mistake in Florida, and it happens mostly to landlords who send the notice by regular mail or email.
What happens after the notice
The tenant has 15 days from receiving the notice to object in writing. If they don’t object, you can deduct the amount claimed and must send the remaining balance within 30 days of the date you mailed the notice. If they do object, you can settle it, or either side can go to county court. The court can award court costs and attorney fees to the winner, which is a real cost if your deductions are thin.
Where to hold the money and what interest you owe
You have three options, and the choice decides interest:
| How you hold the deposit | Interest owed to the tenant |
|---|---|
| Separate non-interest-bearing account in a Florida bank | None |
| Separate interest-bearing account in a Florida bank | 75% of the annualized interest, or 5% simple interest per year (your choice) |
| Post a surety bond and keep the funds | 5% simple interest per year |
Within 30 days of receiving the deposit (or in the lease itself), you must give the tenant written disclosure of how and where it’s held, as § 83.49(2) requires. Don’t mix deposits with your operating money.
Fee in lieu of a deposit
Since 2023, § 83.491 allows a monthly fee in lieu of a security deposit. The tenant pays a nonrefundable monthly fee instead of a lump sum. It’s an option some landlords offer to reduce move-in costs, but it isn’t a deposit, so you have nothing to deduct from at move-out. Read the statute’s disclosure rules before offering it.
What counts and what you can deduct
There’s no cap, so the main question is labeling. Refundable pet deposits are deposits and go through the same 15/30-day process. Advance rent is also covered by § 83.49 and must be held and disclosed the same way. You can’t charge a pet deposit for an assistance animal.
Deductions cover unpaid rent and damage beyond normal wear and tear. A few Florida-flavored examples:
- Wear and tear: sun fading on tile grout and blinds, minor stucco cracks from settling, worn pool-deck furniture you supplied.
- Damage: screen enclosure panels torn out, a carpet ruined by a knocked-over fish tank, large anchor holes from a wall-mounted TV where the lease barred them.
Florida preempts local deposit ordinances (§ 83.425), so the rules are the same in Miami as in Pensacola.
A worked example at $1,600 a month
Your Orlando condo rents for $1,600. You took a $1,600 deposit and a $300 refundable pet deposit and keep both in a non-interest-bearing account at a Florida bank, disclosed in the lease. The lease ends April 30 and the tenant moves out that day.
On the walk-through you find a cracked shower door ($310 to replace) and pet damage to the screen door ($140). The carpet is matted but not stained, which is wear and tear.
- May 22: you send the statutory claim notice by certified mail, claiming $450 for the two repairs.
- The tenant receives it May 26 and doesn’t object within 15 days.
- By June 21 (30 days after mailing), you send the balance: $1,900 minus $450 = $1,450.
Had you sent the notice on June 2, you’d have missed the 30-day window and lost the right to deduct the $450.
Getting it wrong
The penalty for a missed notice is forfeiture of the claim. In a dispute that goes to court, the prevailing party collects court costs and attorney fees, so a weak $450 claim can end up costing far more than $450.
This page is general information, not legal advice. For a contested claim, check with a Florida landlord-tenant attorney or the county court’s self-help center.
Questions landlords ask
The questions we get most, each answered in a paragraph.
How long does a Florida landlord have to return a security deposit?
If you aren't keeping anything, refund the full deposit within 15 days after the tenant moves out. If you plan to deduct, send a written claim notice by certified mail within 30 days after the lease ends. The tenant then has 15 days to object, and you must send any remaining balance within 30 days of mailing the notice.
What happens if I miss Florida's 30-day notice deadline?
You forfeit the right to make a claim against the deposit and can't offset damage against it. You'd have to return the deposit and then sue the tenant separately for damages if the amount justifies it. For most small claims, that's a lot more work than mailing the notice on time.
Do Florida landlords have to pay interest on deposits?
It depends on how you hold the money. A separate non-interest-bearing account means no interest. An interest-bearing account means paying the tenant 75% of the annualized interest or 5% simple interest, your choice. Posting a surety bond instead means paying 5% simple interest.
Is there a limit on security deposits in Florida?
No. Florida law doesn't cap the amount, and the state's 2023 preemption law (§ 83.425) blocks cities and counties from adding their own deposit rules. Most landlords set the deposit around one month's rent based on the local market. Florida also permits a monthly fee in lieu of a security deposit under § 83.491.
Can a Florida tenant object to deposit deductions?
Yes. After receiving your certified-mail claim notice, the tenant has 15 days to object in writing. If they don't, you can deduct the amount claimed and must send the balance within 30 days of the notice. If they do object, either side can take it to county court, and the winner can recover court costs and attorney fees.