How Florida's deposit procedure works
Florida does not limit the amount. Its protection comes from procedure. Section 83.49(3)(a) gives the landlord two paths after the rental agreement terminates and you vacate:
- No claim: return the deposit, with any interest owed, within 15 days.
- Claim: within 30 days, send written notice of the intention to impose a claim and the reason, by certified mail to your last known mailing address or by email under § 83.505. The statute supplies the wording, which tells you that you have 15 days to object.
If the landlord misses the 30-day notice, the statute says the landlord forfeits the right to impose a claim on the deposit and may not set off against it. The landlord can still sue you separately for damages, but must return the deposit first.
Your 15-day objection window
Once you receive a claim notice, object in writing within 15 days, at the address in the notice. If you don't, the landlord may deduct the claim and must send the balance within 30 days after the date of the notice. Missing the objection window does not end your rights: § 83.49(3)(b) says you can still sue for damages in a separate action.
Give notice when you leave
Unless your written lease says otherwise, § 83.49(5) requires at least 7 days' written notice by certified mail or personal delivery before you vacate, including an address where you can be reached. If you skip it, the landlord is relieved of the § 83.49(3)(a) notice duty. You don't lose the deposit itself, but you lose an important procedural protection.
Where the money is held, and interest
The landlord must either hold the deposit in a separate non-interest-bearing Florida account, hold it in a separate interest-bearing Florida account (you get at least 75% of the annualized interest or 5% simple interest, at the landlord's election), or post a surety bond and pay you 5% simple interest. Landlords with five or more units must give you a written disclosure within 30 days of receiving the deposit, including the statutory notice text. Interest must be paid or credited at least once a year.
What can be deducted?
Section 83.49 lets a landlord claim against the deposit for amounts owed under the rental agreement, which typically means unpaid rent and damage beyond normal wear and tear, with the reason stated in the notice. If you dispute a charge, your written objection forces the landlord to justify it, in court if necessary.
Attorney's fees cut both ways
If either side sues over the deposit, the prevailing party gets court costs plus a reasonable attorney's fee, and the court must advance the case on its calendar. That makes a strong, documented claim worth pursuing and a weak one risky. Florida's statute has no double or treble damages for deposits; the main consequences for a landlord are forfeiting the claim and paying fees.
Steps for Florida tenants
- Send your 7-day written notice with forwarding address by certified mail.
- Photograph everything at move-out.
- Run the dates in our calculator (day 15 and day 30).
- Object to any claim in writing within 15 days of receiving it.
- File in county court small claims if the landlord keeps money without a valid, timely notice.
Local rules
Deposit rules in Florida come from the state statute. Section 83.49(3)(d) says that complying with the section counts as complying with all other relevant Florida statutes on deposits, and that enforcement personnel look only to this section. Subsidized and public housing can carry additional federal program rules.
Frequently asked questions
Is there a maximum security deposit in Florida?
No. Florida has no statewide cap on security deposits.
How long does a Florida landlord have to return a deposit?
15 days if the landlord makes no claim. If the landlord intends to keep any part, it must send written notice of the claim within 30 days by certified mail or permitted email.
What if a Florida landlord misses the 30-day notice?
The landlord forfeits the right to impose a claim on the deposit and must return it, though it can later sue for damages separately.
How long do I have to object to a deduction in Florida?
15 days after you receive the landlord's notice. Object in writing to the address given in the notice.
Do Florida landlords pay interest on deposits?
Only if the deposit is held in an interest-bearing account or the landlord posts a surety bond, in which case 5% simple interest is due.
Sources
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.