Your Security Deposit Rights in Florida

Florida law sets no limit on how much a landlord can charge for a security deposit, but Florida Statutes section 83.49 controls how the money is held and returned. After your rental agreement ends, the landlord has 15 days to refund the deposit in full, or 30 days to send a written notice of claim by certified mail (or by email, if you both signed an email-notice agreement), and you have 15 days after you receive that notice to object in writing. A landlord that misses the 30-day notice loses the right to take anything from the deposit, though it can still sue you for damages.

How much can a Florida landlord charge?

There is no statutory maximum, so the amount is whatever you and the landlord agree to in the lease. Cities and counties cannot add their own limits: since 2023, section 83.425 has reserved the regulation of security deposits, along with the rest of landlord-tenant law, to the state. Section 83.49 covers your security deposit and most advance rent, explained below. Florida defines deposit money broadly, including damage, security, and pet deposits, advance rent, and any other deposit you agreed to in writing or orally.

For leases signed or renewed since July 1, 2023, a landlord may offer a fee in place of a deposit under section 83.491, paid monthly with the rent or on another schedule you agree to. If it does, it must tell you in writing that:

• You can switch to paying a security deposit at any time: the amount in your rental agreement, or if it sets none, the amount offered to new tenants for a similar unit on the date you switch. The notice must also give the payment amount for each option and say whether switching carries any extra charge.
• The fee is not a security deposit, and it may be nonrefundable.
• The fee does not reduce what you owe for rent, fees, or damage beyond normal wear and tear.

The landlord cannot use your choice of fee or deposit to approve or deny your application. When a fee tenancy ends, the landlord has 30 days to notify you of any amount you owe and must wait at least 15 days after that notice before filing a claim with an insurer. An insurer that pays the landlord's claim may be able to seek repayment from you within 1 year after the tenancy ends, and you keep any defense you would have had against the landlord.

Section 83.49 does not cover hotel or motel stays, or housing where a public agency regulates the rent or deposit, such as public housing and some federally assisted programs. Public housing agencies must still follow its move-out claim steps.

How must your landlord hold the deposit?

The landlord must use one of three methods. With either separate account, it cannot mix the money with its own funds, pledge it as collateral, or use it before it is actually owed. With the third method, a surety bond, a licensed surety company guarantees the deposits the landlord holds in place of a separate account.

When interest is owed, the landlord must pay it to you, or credit it against the current month's rent, at least once a year. A tenant who wrongfully ends the tenancy before the lease term is over is not owed interest. Example: on a $2,000 deposit backed by a surety bond, you earn 5% x $2,000, or $100 a year. For interest rules in states that set a required rate, see security deposit interest requirements.

What must your landlord tell you about the deposit?

A landlord that rents 5 or more units must give you a written notice, in the lease or within 30 days after receiving your deposit or advance rent, that:

• Names the bank or other depository holding the money and gives its address, or says the landlord has posted a surety bond.
• States whether you are entitled to interest.
• Includes a disclosure paragraph worded by the statute, which summarizes the move-out claim process and says the side that wins a deposit lawsuit generally recovers costs and attorney's fees from the side that loses.

The notice can be handed to you, mailed, or emailed under an email-notice agreement. If the landlord later changes how or where it holds the money, it must tell you within 30 days, unless the bank only merged, changed its name, or changed owners. Landlords with fewer than 5 units do not have to send this notice but must still follow the holding rules. A missing notice does not excuse you from paying rent on time.

How does Florida treat advance rent?

Advance rent is money paid for a future rent period, such as last month's rent paid at move-in. Rent paid early for the current period does not count. Advance rent for any period after the next one, such as that last month's rent, must be held under one of the three methods above until the period it covers begins; prepaying only next month's rent does not trigger the holding rules. Once the period starts, the landlord can move the money into its own account without telling you.

The refund and claim deadlines below apply to the other deposits, such as a security or pet deposit. Check that your lease labels each upfront payment: money labeled advance rent goes to the rent period it covers, while a damage claim is made against the deposit. Last month's rent vs. a security deposit compares the two payments.

What happens after you move out?

1. Give the landlord your new address in writing. A notice of claim goes to your last known mailing address. If you leave before the lease term ends, or you rent week to week, month to month, or on another periodic basis, you must also give at least 7 days' written notice by certified mail or hand delivery, with an address where you can be reached, unless your written lease says otherwise. Without that notice, the landlord does not have to send you a notice of claim, though you keep your right to the deposit. This deposit notice is separate from the notice that ends a month-to-month tenancy, which section 83.57 requires at least 30 days before the end of a monthly rental period.
2. Day 15. If the landlord makes no claim, the deposit and any interest owed are due within 15 days after the rental agreement ends.
3. Day 30. A landlord that wants to keep any of the deposit must send a notice of claim within 30 days after the agreement ends, by certified mail to your last known mailing address, or by email if you both signed an email-notice agreement. The notice must give the amount and the reason, in the statute's wording, and tell you that you have 15 days to object.
4. Your 15 days. Object in writing, to the address given in the notice, within 15 days after you receive it. State the amount you dispute and why. An emailed notice counts as delivered when it is sent, unless it bounces back as undeliverable, so check the email address you gave the landlord after you move out.
5. The balance. If you do not object in time, the landlord may deduct its claim and must send you the rest within 30 days after the date of its notice. Missing the objection window does not stop you from suing later for a refund.

Example: your lease ends May 31, 2026, and your deposit is $2,000. With no claim, your refund is due by June 15. If the landlord sends a notice dated June 20 claiming $450 for carpet replacement and you receive it June 24, your objection is due by July 9. If you do not object, the $1,550 balance is due by July 20. If no notice is sent by June 30, the landlord must return the full $2,000 and can seek the carpet cost only in a separate lawsuit after returning it. Security deposit return timelines shows how Florida's 15-day and 30-day deadlines compare with other states'.

What if you and your landlord still disagree?

If you object in time and the two of you cannot settle, either of you can file in county court. Claims of $8,000 or less, not counting costs, interest, and attorney's fees, follow the Florida Small Claims Rules, and the statute directs the court to move deposit cases ahead on its calendar.

The winner recovers court costs and a reasonable attorney's fee from the loser. That rule applies to both sides, so a tenant who sues and loses can owe the landlord's fees. Section 83.49 adds no double or triple damages; what you can win is the deposit money wrongly kept and any interest owed, plus costs and fees.

Before filing, send the landlord a written demand by certified mail that names the deadline it missed or the charges you dispute, the amount you are owed, and a date to pay. In court, bring your lease, the deposit notice, the landlord's claim, your objection, mailing receipts, and move-in and move-out photos. What to do when your landlord won't return your deposit walks through the demand letter and filing. For other Florida lease rules, see your lease rights in Florida; the overview of state security deposit laws covers the rest of the country.