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Florida security deposit law comes down to a handful of hard numbers:
- No cap. No Florida statute limits how much a landlord can collect as a security deposit.
- 15 days for the landlord to return the deposit after move-out if they make no claim against it.
- 30 days for the landlord to send written notice by certified mail if they intend to keep any part of it. A landlord who misses that window forfeits the claim.
- 15 days for the resident to object in writing after receiving that notice.
Every rule in this guide is checked against the current Fla. Stat. § 83.49, including the two 2023 changes many older articles still miss: the fee-in-lieu-of-deposit option and state preemption of local ordinances. Florida regulates the handling of deposits tightly and the amount not at all, which puts it near the landlord-friendly end of the spectrum. Our guide to landlord-tenant laws by state shows where other states draw these lines.
How Much Can a Landlord Charge for a Security Deposit in Florida?
Any amount. Florida sets no cap on security deposits: § 83.49 governs how a deposit must be held and returned but never limits the figure. In practice, most Florida landlords ask for one to two months’ rent, because anything steeper sends good applicants to the next listing.
Two recent developments confirm the no-cap rule still stands:
- A 2025 bill that would have capped deposits at one month’s rent, SB 1562, died in committee in June 2025 without becoming law.
- Cities and counties cannot fill the gap. Since July 1, 2023, Stat. § 83.425 preempts the regulation of residential tenancies to the state, which voided local deposit and tenant-protection ordinances across Florida.
Budget for the full move-in stack, though. Florida landlords commonly collect first month’s rent, last month’s rent, and the deposit at signing. Advance rent sits under the same holding and return rules as the deposit itself, and the rent side has no ceiling either. Here is how much a landlord can raise rent in Florida.
How Long Does a Landlord Have to Return a Security Deposit in Florida?
15 days from move-out, together with any interest owed, if the landlord makes no claim on the deposit (§ 83.49(3)).
If the landlord intends to keep any of it, a different clock starts. Within 30 days of move-out they must send written notice by certified mail to the resident’s last known mailing address, stating the amount and the reason in wording the statute itself dictates: “This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to ___.” The resident then has 15 days from receipt to object in writing. With no objection, the landlord deducts the claim and must send the balance within 30 days of the notice date. An objection pushes the dispute toward negotiation or small claims court.
The 30-day rule has real teeth. A landlord who never sends the notice forfeits the right to keep any part of the deposit, however legitimate the damage, and can only chase the money in a separate lawsuit after returning the deposit in full.
Most Florida deposit disputes come down to two things:
- Give a forwarding address in writing. The claim notice goes to your last known mailing address. If that address is the rental you just left, the notice may sit in a mailbox you no longer check while your 15-day objection window runs out.
- Leaving before the lease ends? Give 7 days’ written notice. Unless the lease says otherwise, a resident who vacates early must give at least 7 days’ written notice by certified mail or hand delivery, including the new address ( 83.49(5)). Skipping it relieves the landlord of the 30-day notice requirement, though you keep your underlying right to the deposit.
How Must a Florida Landlord Hold Your Deposit?
In one of exactly three ways, under § 83.49(1):
- A separate non-interest-bearing account in a Florida bank. The money cannot be mixed with the landlord’s own funds or spent before it is due. This is the most common choice, and no interest is owed on it.
- A separate interest-bearing account in a Florida bank. The resident earns either 75 percent of the account’s annualized average interest rate or 5 percent simple interest per year, whichever the landlord elects.
- A surety bond posted with the clerk of the circuit court in the property’s county, covering the total deposits held or $50,000, whichever is less, plus 5 percent simple interest per year paid to the resident.
Whichever option applies, the landlord must disclose it in the lease or within 30 days of receiving the money: written notice of where the deposit is held and whether it earns interest. One catch: this disclosure duty does not apply to landlords who rent fewer than five dwelling units. And the statute never requires a receipt for the deposit itself, so keep your own proof of payment, such as a bank record or dated confirmation, filed with your lease.
Does a Florida Landlord Owe You Interest on Your Deposit?
Only if the deposit sits in an interest-bearing account or is covered by a surety bond. A non-interest-bearing account, the default at most Florida rentals, earns the resident nothing, and that is perfectly legal.
When interest does apply, the landlord chooses between two formulas: at least 75 percent of the account’s annualized average rate, or a flat 5 percent simple interest per year. On a $2,000 deposit, the 5 percent option works out to $100 a year, paid directly or credited against rent at least once annually. One exception cuts the other way. A resident who wrongfully breaks the lease before the end of the term is owed no interest at all (§ 83.49(9)).
What Can a Landlord Deduct From a Security Deposit in Florida?
A Florida landlord can deduct for real, documentable losses the lease and statute recognize:
- Unpaid rent, plus late fees the lease authorizes
- Damage beyond normal wear and tear: holes in walls, broken appliances, pet damage, burns or stains in flooring
- Unpaid utilities or other charges the lease makes the resident’s responsibility
- Missing items listed in the lease or move-in inventory
- Cleaning beyond a normal turnover, backed by receipts
Ordinary aging is off the table: worn carpet in traffic paths, faded paint, small nail holes, loose caulk. Where exactly the line sits is its own question, and our guide to normal wear and tear in a rental draws it item by item. A landlord also cannot bill you for fixing conditions the law required them to maintain in the first place. For that side of the ledger, read up on renters’ rights in Florida for repairs.
Every deduction must appear in the certified-mail notice with an amount and a reason attached. In court, the vague ones lose: a bare “cleaning: $400” with no receipt behind it rarely survives the judge’s first question. Photograph the unit at move-in and again at move-out. The same evidence protects both sides.
Can You Pay a Fee Instead of a Security Deposit in Florida?
Yes, if the landlord offers it. Since July 1, 2023, Fla. Stat. § 83.491 lets landlords offer a monthly fee in lieu of a security deposit. The guardrails:
- The fee is optional. A landlord who offers it must still let you choose a traditional deposit instead, and you can switch to a deposit later in the tenancy.
- The fee is nonrefundable. None of it comes back at move-out, no matter how spotless the unit.
- Paying the fee does not erase your liability. The statute’s required disclosure says it plainly: you still owe for unpaid rent and for damage beyond normal wear and tear, exactly as if you had paid a deposit.
Run the math before choosing it. A $25 monthly fee over a two-year tenancy is $600 you will never see again, while a deposit is your own money waiting at the end. The fee mainly makes sense when move-in cash is the real constraint.
What Happens If a Landlord Mishandles a Deposit in Florida?
The core penalty is total forfeiture: miss the 30-day claim notice and the landlord must return the entire deposit, whatever the condition of the unit. Florida adds no double or triple damages the way some states do, but § 83.49(3)(c) awards the prevailing party’s court costs plus attorney fees, which turns even a modest deposit case into real money.
Residents can bring these claims in small claims court, which in Florida handles disputes up to $8,000 without a lawyer. The fee-shifting rule cuts both ways, so make sure the paper trail supports your claim before you file. A resident who loses can be ordered to cover the landlord’s costs and fees. For the broader list of lines Florida landlords cannot cross, see what a landlord cannot do in Florida.
How Do Florida Landlords Stay Compliant?
Calendar discipline and paperwork. Nearly every deposit dispute traces back to a missed deadline or thin documentation rather than bad faith. The essentials:
- Open a separate Florida account for deposits before the first one arrives, and send the holding disclosure within 30 days if you rent five or more units.
- Start the 15-day and 30-day clocks the moment the resident hands back the keys. Calendar both.
- Use the statutory notice wording and certified mail for any claim. An informal email or text does not preserve it.
- Deduct only what you can document with dated photos, invoices, and a signed move-in condition report.
- Report kept deposits as income. Deposit money you keep becomes taxable rental income in the year you keep it. See Florida rental tax for what Florida investors owe and to whom.
For the wider operational picture beyond deposits, start with how to manage a rental property.
FAQ
How long does a landlord have to return a security deposit in Florida?
15 days after move-out if there are no deductions. A landlord who intends to deduct has 30 days to send a certified-mail notice of the claim, and the resident has 15 days from receipt to object in writing. If the landlord never sends the notice, the right to deduct is forfeited.
Is there a limit on how much a landlord can charge for a security deposit in Florida?
No. Florida statute sets no maximum, and since the 2023 preemption law, cities and counties cannot set their own. Market practice keeps most deposits at one to two months’ rent. A 2025 bill to cap deposits at one month’s rent died in committee.
What happens if a Florida landlord misses the 30-day notice deadline?
The landlord forfeits the right to keep any of the deposit and must return it in full, even if the damage was real. Their only remaining option is to sue for the damage separately after returning the money.
Does a landlord have to pay interest on a security deposit in Florida?
Only if the deposit is held in an interest-bearing account or secured by a surety bond. Then the resident gets 75 percent of the account’s annualized average rate or 5 percent simple interest per year, at the landlord’s election, paid at least annually. Deposits in non-interest-bearing accounts earn nothing, which is legal and common.
Can a landlord deduct for normal wear and tear in Florida?
No. Faded paint, worn carpet from everyday foot traffic, and small nail holes are the landlord’s cost of doing business. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the lease specifically allows.
This article is general information, not legal advice. Laws change, and every situation is different. For guidance on a specific situation, talk to a Florida-licensed attorney.
