Florida Sets No Deposit Cap but Strict 15/30-Day Return Deadlines

Under Fla. Stat. § 83.49, there is no statutory cap on the deposit amount. If the landlord does not intend to impose a claim, the full deposit (plus any required interest) must be returned "within 15 days after the termination of the rental agreement." To keep any portion, the landlord must, within 30 days, send written notice by certified mail (or email under § 83.505) of the intent to impose a claim, using the statute's required wording stating the amount, the reason, and that the tenant "must object in writing to this deduction from your security deposit within 15 days." After a non-objection, the landlord deducts and remits the balance within 30 days of the notice date. Deposits must be held in a separate non-interest or interest-bearing Florida account or secured by surety bond, with written disclosure to the tenant.

A landlord who fails to give the required written notice within the 30-day period forfeits the right to impose any claim on the deposit and may not seek a setoff under Fla. Stat. § 83.49(3). In any resulting action, the prevailing party is entitled to court costs plus reasonable attorney's fees.