Florida Statewide Rule
Florida Sets No Deposit Cap but Strict 15/30-Day Return Deadlines
Key Facts
- Deposit cap
- No statutory limit
- Return (no claim)
- 15 days after move-out
- Claim notice
- 30 days, certified mail
- Tenant objection window
- 15 days
- Statute
- Fla. Stat. § 83.49
Summary
Florida places no dollar limit on residential security deposits, but it enforces tight deadlines. If the landlord makes no claim, the deposit must be returned within 15 days of move-out. If the landlord intends to keep any part, written certified-mail notice is due within 30 days, and the tenant then has 15 days to object.
F.S. 83.49 83.49 Deposit money or advance rent; duty of landlord and tenant. — (1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either: (a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; (b) Hold the total amount of such money in a separate interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Florida?
How long does a landlord have to return a security deposit in Florida?
What can a landlord deduct from a security deposit in Florida?
Sources
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