Your Security Deposit Rights in Florida
Updated 4 days ago (March 7, 2026)
Florida Security Deposit Holding Requirements
Florida has unique and detailed rules about how landlords must hold security deposits. Under Florida Statutes Section 83.49, a landlord who receives a security deposit must either hold it in a separate non-interest-bearing account in a Florida banking institution, hold it in a separate interest-bearing account in a Florida banking institution with the tenant receiving at least 75% of the annualized interest or 5% simple interest per year, or post a surety bond equal to the deposit amount with the county clerk.
The landlord must notify you within 30 days of receiving the deposit of the method of holding, the name and address of the depository, and whether the deposit is being held in an interest-bearing or non-interest-bearing account. If the landlord commingles the deposit with other funds rather than holding it in a separate account, this is a violation of Florida law.
Florida does not cap the amount of security deposit a landlord can charge. While most landlords charge one to two months' rent, there is no legal maximum. However, the strict holding requirements give Florida tenants some of the most transparent deposit handling protections in the country.
The Deposit Return Process
When you move out, the landlord has specific deadlines depending on whether they intend to make deductions. If the landlord does not intend to make any claim on the deposit, they must return the full amount within 15 days after you vacate. This is one of the shorter full-refund timelines in the nation.
If the landlord intends to impose a claim on the deposit, they must send you written notice by certified mail to your last known address within 30 days of your move-out. The notice must state the landlord's intention to impose a claim, the amount claimed, and the reason for the claim. The notice must also include a specific statutory statement informing you of your right to object within 15 days.
If you do not object to the landlord's claim within 15 days of receiving the notice, the landlord can deduct the claimed amount and return the balance within 30 days after the notice period expires. If you do object in writing, the landlord cannot simply deduct the amount and must either return the deposit or file a lawsuit to claim the disputed amount. This 15-day objection right is a powerful tenant protection unique to Florida.
Disputing Deductions
If you receive a claim notice from your landlord and disagree with the deductions, you must send a written objection within 15 days of receiving the notice. Send your objection by certified mail to preserve your rights. In your objection, explain specifically why each claimed deduction is improper and reference any supporting documentation.
Once you object, the deposit remains disputed and neither party can unilaterally resolve it. The landlord must either return the disputed amount or file a lawsuit in county court. If the landlord fails to send the required 30-day notice by certified mail, they forfeit the right to impose a claim on the deposit entirely and must return the full amount.
Florida courts have consistently held that landlords who fail to follow the exact procedures of Section 83.49 lose their right to deductions. The procedural requirements are strict: the notice must be sent by certified mail, must contain the specific statutory language about the 15-day objection period, and must be sent within 30 days. Any deviation from these requirements works in the tenant's favor.
Advance Rent vs. Security Deposit
Florida law treats advance rent and security deposits differently. Advance rent (such as prepaid last month's rent) must be held in the same manner as a security deposit but is applied to the specific rental period for which it was paid. A security deposit can be applied to any amounts the tenant owes, including damages and unpaid rent.
Many Florida landlords collect both a security deposit and last month's rent. Understand which is which in your lease because the distinction affects how and when the money is applied. Last month's rent should be applied to your final month of tenancy and should not be used for damage claims. The security deposit is separate and subject to the deduction process.
Keep your lease and all payment records clearly documenting what was paid as security deposit versus advance rent. If a dispute arises about how the funds should be applied, your lease and payment documentation are the primary evidence. Florida courts look at the intent and documentation of the parties when determining the nature of upfront payments.
Legal References
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.