Deposit laws by state · Florida
Florida security deposit laws.
Florida splits the deadline: full refund within 15 days if the landlord makes no claim, or 30 days to send a written notice of intent to claim with itemized deductions if there are damages. Missing the 30-day notice deadline forfeits the right to claim against the deposit entirely.
Key rules
What Florida landlords need to do.
- 1.
Full refund within 15 days of move-out if no deductions are claimed.
- 2.
If claiming deductions, send certified-mail notice within 30 days listing the claimed amount and reason.
- 3.
Tenant has 15 days from receipt of the notice to object in writing; absent objection, landlord may deduct the claimed amount.
- 4.
Deposits must be held in a Florida banking institution — separate non-interest account, interest-bearing account, or covered by a surety bond.
- 5.
Landlord must give written notice within 30 days of receiving the deposit explaining where it's held.
Common pitfalls
Where Florida landlords lose deposit cases.
Missing the 30-day claim notice deadline — this is the single most common failure and forfeits ALL deductions.
Sending the claim notice by regular mail instead of certified — proof of timely delivery is the landlord's burden.
Co-mingling the deposit with operating funds — separate account or surety bond is mandatory.
Statute
Florida Statutes § 83.49
Read the statute on the Florida legislature site →This page is a landlord-oriented summary, not legal advice. Local ordinances may impose stricter rules than state law. Consult a Florida attorney before acting on a contested deposit dispute.
Don’t miss the deadline
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Start your first report →Or use the free templateCommon questions
Florida deposit FAQ.
- How long does a landlord have to return the security deposit in Florida?
- 15 (no claim) / 30 (with claim) after move-out, per Florida Statutes § 83.49. The clock typically starts when the tenant gives a forwarding address; check the statute for state-specific triggers.
- What's the maximum security deposit allowed in Florida?
- No statutory limit. Courts can still strike down unconscionably high deposits, so reasonableness still matters.
- What's the penalty for wrongfully withholding a deposit in Florida?
- Loss of right to make any claim against the deposit if the landlord fails to send the required notice within 30 days.
- Does Florida require an itemized deduction statement?
- Yes. Florida requires an itemized written statement listing each deduction with its cost. Sending a refund without itemization (when claiming any deductions) commonly triggers the wrongful-withholding penalty.
- Does Florida require a pre-move-out inspection?
- Florida does not require a pre-move-out inspection. Offering one anyway is good practice — it reduces dispute risk by giving the tenant a chance to remedy issues.