Security deposit laws by state / Florida

Security deposit return law in Florida

In Florida, a landlord must return the security deposit within 15 days (Fla. Stat. 83.49). Exactly when that clock starts, and what has to go back with the money, is where states differ most, so the rest of this page stays close to the statute's own words rather than a generic summary.

When the clock starts, and what goes with the money

If imposing no claim, return the deposit within 15 days of termination. If imposing a claim, the landlord has 30 days from termination to send the tenant written notice of intent to impose a claim, by certified mail to the tenant's last known address or by email, using the statutory notice wording; the tenant then has 15 days after receipt to object in writing (Fla. Stat. 83.49(3)).

How much you can collect

Florida sets no statewide cap on the size of a residential security deposit. That is not the same as no rules: the holding, itemization, and return duties below still apply in full, and a city or county can set a limit of its own even where the state does not.

What it costs to get this wrong

A landlord who fails to give the required written notice within the 30-day window forfeits the right to impose any claim on the deposit and may not seek a setoff against it (Fla. Stat. 83.49(3)(a)). In deposit litigation the prevailing party recovers court costs plus a reasonable attorney's fee (83.49(3)(c)).

Holding the deposit

The landlord must either (a) hold the money in a separate non-interest-bearing Florida account, (b) hold it in an interest-bearing Florida account and pay the tenant at least 75% of the annualized average interest rate or 5% per year simple interest at the landlord's election, or (c) post a surety bond (deposits held or $50,000, whichever is less) and pay 5% simple interest. No commingling. Written disclosure of how and where the deposit is held is due within 30 days of receipt (Fla. Stat. 83.49(1)-(2)).

Common questions

How long does a Florida landlord have to return a security deposit?

15 days, under Fla. Stat. 83.49. When that clock starts, and what has to accompany the money, is set out in the statute: If imposing no claim, return the deposit within 15 days of termination. If imposing a claim, the landlord has 30 days from termination to send the tenant written notice of intent to impose a claim, by certified mail to the tenant's last known address or by email, using the statutory notice wording; the tenant then has 15 days after receipt to object in writing (Fla. Stat. 83.49(3)).

Does Florida cap the security deposit?

There is no statewide cap in Florida. A city or county can still set one, and every other deposit rule in Fla. Stat. 83.49 still applies.

What happens if a Florida landlord misses the deadline or withholds wrongly?

A landlord who fails to give the required written notice within the 30-day window forfeits the right to impose any claim on the deposit and may not seek a setoff against it (Fla. Stat. 83.49(3)(a)). In deposit litigation the prevailing party recovers court costs plus a reasonable attorney's fee (83.49(3)(c)).

Does a Florida security deposit have to be held a particular way?

The landlord must either (a) hold the money in a separate non-interest-bearing Florida account, (b) hold it in an interest-bearing Florida account and pay the tenant at least 75% of the annualized average interest rate or 5% per year simple interest at the landlord's election, or (c) post a surety bond (deposits held or $50,000, whichever is less) and pay 5% simple interest. No commingling. Written disclosure of how and where the deposit is held is due within 30 days of receipt (Fla. Stat. 83.49(1)-(2)).

The deposit paperwork is the part that gets lost. PropManager keeps the deposit on the lease, the move-out itemization with the tenant's file, and the refund in the ledger, so the record exists before a dispute does.

Sources

Fla. Stat. 83.49. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html. Verified 2026-08-06.

General information, not legal advice. Check your own lease and any city or county ordinance before you rely on it.

Related

Move-out is when deposit deadlines get missed.

PropManager keeps the deposit on the lease, the move-out itemization in the tenant's file, and the refund in the ledger, so the paperwork exists before anyone asks for it.

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