Florida Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In Florida, a landlord generally has 15 days after you move out to return your full security deposit if they are not keeping any of it. If the landlord intends to keep part or all of it, they instead have 30 days to send you a written notice, by certified mail, explaining what they are claiming and why. Unlike many states, Florida sets no statutory dollar limit on how much a landlord may charge for a security deposit. These rules come from Florida's residential landlord-tenant statute, commonly cited as Fla. Stat. § 83.49 (part of Chapter 83, the Florida Residential Landlord and Tenant Act). This is general information, not legal advice, and the law can change or be affected by local ordinances, so confirm the current rules before you act.

How much can a Florida landlord charge?

Florida does not cap security deposits the way some states do. A landlord may legally ask for one month, two months, or more, plus separate amounts labeled as advance rent or a pet deposit. Because there is no statewide limit, the practical limits are the local rental market and what you are willing to pay.

• No state maximum on the deposit amount.
• A few Florida cities and counties have their own rental ordinances, so check local rules, especially in larger metro areas.
• Florida also allows landlords to offer a monthly "fee" in lieu of a deposit under a 2023 state law, but a fee is not a refundable deposit and is treated differently.

Where the deposit must be held and interest

Florida requires landlords to do one of three things with your money: hold it in a separate non-interest-bearing Florida account, hold it in a separate interest-bearing Florida account, or post a surety bond. Within 30 days of receiving your deposit, the landlord must give you written notice telling you which method they use and where the funds are held.

• If your deposit is in an interest-bearing account, you are generally entitled to at least 75% of the annualized average interest rate or 5% simple interest per year, at the landlord's choice.
• If the landlord uses a non-interest-bearing account or a surety bond, you typically receive no interest (a bond arrangement may carry a 5% obligation in some setups).
• The landlord may not commingle (mix) your deposit with their own personal funds.

The return deadline and the itemized claim

The two deadlines are the heart of Florida's law. If the landlord plans to keep none of your deposit, they must return it within 15 days of the end of your tenancy. If they intend to keep any part of it, they must send you a written notice of intent to impose a claim within 30 days, by certified mail to your last known address.

• The notice must state the amount being kept and the reason, in writing.
• If the landlord misses the 30-day deadline for sending the claim, they generally forfeit the right to keep any of the deposit and must return it.
• After you receive the notice, you have 15 days to object in writing if you disagree. Objecting protects your right to dispute the deductions.
• Give your landlord a forwarding address in writing when you leave, so the certified notice can reach you.

What can and cannot be deducted

A landlord may deduct for unpaid rent and for actual damage you caused beyond normal wear and tear. Normal wear and tear is the ordinary aging that happens just from living in a place, and it is not deductible in Florida.

• Usually deductible: unpaid rent, large stains or burns, broken fixtures, holes in walls, pet damage, and trash or belongings left behind.
• Not deductible (normal wear and tear): faded paint, minor carpet wear, small nail holes, and worn-out appliances that simply aged.
• Take dated move-in and move-out photos or video; they are your best evidence if you end up in court.

Penalties and how to sue in Florida

If a landlord wrongfully withholds your deposit, Florida's statute lets the prevailing party recover attorney's fees and court costs in a deposit dispute. That fee-shifting provision is powerful, because it can make it worthwhile for an attorney to take a smaller case, and it gives landlords a strong reason to follow the rules.

• Start with a short, polite written demand letter citing the 15-day and 30-day deadlines and asking for your money by a set date.
• If that fails, you can sue in Florida county court. Cases up to $8,000 (not counting costs, interest, and attorney's fees) are handled under the Florida Small Claims Rules, which are designed to be navigated without a lawyer.
• Bring your lease, the deposit notice (or proof none was sent), photos, the demand letter, and any texts or emails.
• A Florida tenant attorney or local legal aid office is worth contacting when the amount is large, the landlord ignores the deadlines, or attorney's fees are on the table, since the fee-shifting rule may cover your costs.

Because landlord-tenant law changes and cities or counties may add their own requirements, confirm the current version of Florida's statute or speak with a Florida attorney or legal aid before relying on any deadline or figure here.