What are the security deposit rules in Florida?
Florida sets no cap on residential security deposits, and a landlord must either return the deposit within 15 days of move-out or send a certified-mail (or statutory e-mail) notice of intent to claim within 30 days — miss that window and the right to keep any of the deposit is forfeited.
Deposits must be held un-commingled in a separate Florida account (non-interest or interest-bearing) or secured by a surety bond, and tenants owed interest must be paid at least annually. The tenant has 15 days to object to a claim notice before the landlord may deduct. Tenants leaving early or on periodic tenancies owe the landlord 7 days' written notice with a reachable address; skipping it relieves the landlord of the claim-notice duty but not of the deposit itself. Recent amendments (2024-2025) added e-mail notice under F.S. 83.505 and a fee-in-lieu-of-deposit option under F.S. 83.491.
Florida security deposits at a glance
| Maximum deposit | No statutory cap |
|---|---|
| Return deadline | 15 days |
| Deadline conditions | Two-track system: if the landlord makes NO claim on the deposit, the full deposit (plus interest if applicable) must be returned within 15 days of termination of the rental agreement. If the landlord intends to impose a claim, the landlord must instead send written notice of intent to claim, with the reason, within 30 days of termination — by certified mail to the tenant's last known mailing address, or by e-mail if the parties have adopted the F.S. 83.505 electronic-notice addendum. The tenant then has 15 days after receipt to object; absent objection, the landlord deducts the claim and remits any balance within 30 days of the date of the claim notice. Missing the 30-day notice window forfeits the right to claim against the deposit (the landlord may still sue for damages after returning it). |
| Itemization required | Yes |
| Itemization rules | The claim notice must state the landlord's intention to impose a claim, the amount, and the reason, in substantially the statutory form set out in F.S. 83.49(3)(a), including the 15-day objection instruction and the landlord's address for objections. Certified mail (or compliant e-mail under F.S. 83.505) is mandatory; ordinary mail or text does not preserve the claim. |
| Separate account required | Yes |
| Interest owed to tenant | No |
| Account & interest rules | Interest is required only if the landlord chooses an interest-bearing holding option. The landlord must hold deposits and advance rent in one of three ways: (1) a separate non-interest-bearing Florida financial institution account; (2) a separate interest-bearing Florida account, with the tenant entitled to at least 75% of the annualized average interest rate or 5% simple interest per year, at the landlord's election; or (3) a surety bond posted with the clerk of court (or Secretary of State for multi-county landlords), plus 5% simple interest to the tenant. When interest is owed it must be paid or credited at least annually, and is not owed to a tenant who wrongfully terminates early. Commingling is prohibited under all options. |
| Pet deposits | Not addressed by statute |
| Non-refundable fees allowed | Not addressed by statute |
| Penalty for violation | A landlord who fails to give the required written claim notice within 30 days forfeits the right to impose a claim on the deposit and may not set off against it, but may sue for damages after returning the deposit (F.S. 83.49(3)(a)). In any court action over the deposit, the prevailing party recovers court costs plus a reasonable attorney's fee (F.S. 83.49(3)(c)). |
| Tenant forwarding-address duty | Unless a written rental agreement says otherwise, a tenant who vacates before the end of a fixed term, or who vacates a periodic (week/month/quarter/year-to-year) tenancy, must give at least 7 days' written notice by certified mail or personal delivery before vacating, including an address where the tenant can be reached. Failure relieves the landlord of the 15-day/30-day notice duty in 83.49(3)(a) but does not waive the tenant's underlying claim to the deposit (F.S. 83.49(5)). |
Notes and caveats
Statute citations
- F.S. 83.49 (1)-(3), (5), (9) Official source
- F.S. 83.505 Official source
- F.S. 83.491 Official source
How this record was verified: Direct read of 2025 Florida Statutes text on the official legislature site (leg.state.fl.us / Online Sunshine): F.S. 83.49 (full text), 83.53 (full text), 83.57 (full text), 166.043 (full text). Web verification of surrounding context (83.46, 83.505, 125.0103, 2023 ch. 2023-17 and ch. 2023-314 amendments) against official-source cross-references and multiple concurring secondary sources.