Florida Security Deposit Law 2026: Limits, Deadlines & Deductions
- Is there really no limit on the deposit amount? Correct. Florida imposes no cap. Market practice is typically one to one-and-a-half months' rent, but that's custom, not law.
- What happens if I miss the 30-day claim notice? You forfeit the right to impose a claim on the deposit. You must return it, though you can still file a separate lawsuit for damages.
- Must the claim notice go by certified mail? Yes — the statute specifies certified mail to the tenant's last known mailing address. Regular first-class mail doesn't satisfy § 83.49(3)(a).
Florida sets no cap on security deposits, demands return within 15 days if you're not making a claim, and hits noncompliant landlords with three times the deposit plus the tenant's attorney's fees — all under Fla. Stat. § 83.49. The claim-notice procedure is the most technical in the country: use the statute's exact language and send it certified mail. Every section below is from § 83.49.
The short version: Charge whatever the market bears — there's no cap. Hold the money in a separate Florida account (interest-bearing or not) or post a surety bond, and tell the tenant how you're holding it within 30 days of receipt. If you're returning everything, you have 15 days. If you're keeping any of it, you have 30 days to send a certified-mail claim notice using the statute's exact wording. Miss the 30-day claim notice and you forfeit the right to touch the deposit at all; botch the statute's requirements and a court awards the tenant triple the deposit.
The statute table
| Citation | What it says (one line) |
|---|---|
| Fla. Stat. § 83.49(1) | No deposit cap; three holding options: separate non-interest-bearing Florida account, separate interest-bearing account, or surety bond |
| § 83.49(1) | Interest-bearing option: tenant gets 75% of the annualized average rate or 5% simple interest per year, at the landlord's choice |
| § 83.49(2) | Within 30 days of receipt, notify the tenant in writing how the deposit is held and at what interest rate, if any (does not apply to landlords renting fewer than five units) |
| § 83.49(3)(a) | 15 days to return the full deposit with interest if no claim; 30 days to send a certified-mail notice of intent to impose a claim, in the statute's exact language |
| § 83.49(3)(b) | Tenant has 15 days after receipt to object in writing; unobjected claims may be deducted, balance remitted within 30 days of the notice |
| § 83.49(3)(c) | Prevailing party gets court costs and reasonable attorney's fees; a court that finds the landlord failed the section's requirements awards the tenant 3x the deposit |
| § 83.49(5) | Tenant who vacates early without proper notice owes 7 days' written notice; landlord need not send a claim notice in that case |
Limits: how much can you charge?
No statutory limit. Florida is one of the few states with no cap at all — one to one-and-a-half months' rent is customary, but the law doesn't require it. Florida's deposit statute sets no pet-specific rules; address pets in the lease and get agreement in writing.
Check your cap with the Security Deposit Max Checker.
The 15-day deadline, precisely
Two tracks, and picking the wrong one is fatal:
- No claim against the deposit: return it with any required interest within 15 days of the tenant vacating.
- Claiming any amount: within 30 days, send written notice by certified mail to the tenant's last known address stating your intent to impose a claim and the reason — using language substantially in the form the statute provides, including the 15-day objection warning.
Miss the 30-day claim-notice deadline and you forfeit the right to impose any claim on the deposit — though you may still sue separately for damages. The tenant then has 15 days after receiving your notice to object in writing. No objection: deduct your claim and remit the balance within 30 days of the notice date. Timely objection: the money stays in the account until you agree or a court decides.
Find your exact date with the Security Deposit Deadline Finder.
Run every deposit through the Security Deposit Disposition Tracker — the 15/30-day clocks, the claim notice, and the itemized deductions on one sheet, so a missed deadline can't forfeit your claim.
When the clock actually starts
Both Florida clocks run from the tenant vacating the premises — not from the day you finish cleaning, get a repair quote, or find a new tenant. The tracks split at that same starting line: if you are returning everything, the 15-day return clock is already running; if you intend to keep any amount, the 30-day claim-notice clock is running instead, and it does not pause while you gather invoices. A third clock runs on a different start date entirely: the written notice of how the deposit is held is due within 30 days of receiving the deposit, months before move-out. Log three dates the day they happen — receipt of the deposit, the tenant vacating, and the certified-mail date of any claim notice — because the forfeiture rule, the tenant's 15-day objection window, and any triple-damages claim are all measured from paperwork, not from memory.
A worked example
Say a tenant vacates on Monday, March 2, 2026, on a unit renting for $2,000 a month with a $2,000 deposit — one month's rent, the customary amount in a state with no cap. If you owe the full deposit back, it must be returned with any required interest by Tuesday, March 17, 2026 — 15 days after vacating. Suppose instead the tenant left $450 of unpaid amounts and $250 of documented damage beyond normal wear and tear — $700 of claims. Your certified-mail notice of intent to impose that claim, in the statute's form, must be sent by Wednesday, April 1, 2026 — 30 days after vacating. The tenant then has 15 days after receiving the notice to object in writing; with no objection, you deduct the $700 and remit the $1,300 balance within 30 days of the notice date — by Friday, May 1, 2026 at the latest. Work backwards from April 1: inspect and photograph in the first few days, price every claim from records by the end of the first week, and have the notice in certified mail well before the window closes.
Deductions and the itemized list
Common deductible items include unpaid rent, damage beyond normal wear and tear, excessive cleaning, unpaid utilities, and lease-break damages — the statute itself doesn't enumerate categories; it just requires the claim notice to state your intention to impose a claim and the reason. Florida's "itemization" is really the claim notice described above — get the statutory language right, because courts treat deviations as noncompliance. Keep the certified-mail receipt; it's your proof the clock ran correctly.
Build the letter with the Security Deposit Deduction Letter Generator — then conform the final notice to the statute's exact wording.
Move-out compliance checklist
1. Fix the vacating date on day one. Record the day the tenant vacated the premises — both the 15-day return clock and the 30-day claim-notice clock run from that date, not from cleaning or re-letting.
2. Confirm the holding file. Verify the deposit sat the whole tenancy in one of the three permitted arrangements — a separate Florida account (interest-bearing or not) or a surety bond — and that the written holding notice went out within 30 days of receipt.
3. Pick your track in the first week. Returning everything means the 15-day deadline controls; keeping any amount means the 30-day certified-mail claim notice controls. Decide early, because the claim clock does not pause for repair quotes.
4. Inspect and photograph within the first few days. Walk the unit promptly and photograph every room before cleaning or repairs begin, so chargeable damage is separated from the condition documented at move-in.
5. Price claims from records, not guesses. Tie each amount in the claim notice to unpaid rent or fees, unpaid utilities, or documented damage beyond normal wear and tear, using invoices, receipts, or a dated repair log.
6. Send the claim notice in the statute's form, by certified mail. Use language substantially in the form § 83.49 provides, including the 15-day objection warning, mail it to the tenant's last known address inside the 30-day window, and keep the certified-mail receipt.
7. Honor the objection window before you disburse. If the tenant objects in writing within 15 days of receipt, leave the disputed funds in the account until you agree or a court decides; if no objection arrives, deduct and remit the balance within 30 days of the notice date.
Interest and where the money sits
Three legal options: (1) a separate non-interest-bearing account in a Florida bank, (2) a separate interest-bearing account in a Florida bank, or (3) a surety bond (posted with the clerk of the circuit court in the bond amount) — this option also requires paying the tenant 5% simple interest per year. Never commingle. If you choose the interest-bearing account, the tenant receives either 75% of the annualized average interest rate or 5% simple interest per year — your choice, disclosed up front. Within 30 days of receiving the deposit, you must give the tenant written notice of how it's held and the interest rate, if any (this notice requirement doesn't apply if you rent fewer than five units).
Run the interest math with the Security Deposit Interest Calculator.
The penalty, spelled out
If a court finds you failed to meet the section's requirements, it shall award the tenant damages equal to three times the security deposit — not the amount withheld, the whole deposit. Add the prevailing party's court costs and reasonable attorney's fees, and a sloppy $1,500 deposit return can become a $5,000+ judgment. The 30-day forfeiture rule is the quieter killer: blow the claim-notice deadline and you can't touch the deposit even for legitimate damage.
Run the worked example through that penalty: on the $2,000 deposit above, a court finding that you failed the section's requirements puts $6,000 in play — three times the full deposit — before court costs and the tenant's attorney's fees are added, and that exposure exists even though the underlying claims were only $700. The forfeiture scenario is quieter but just as complete: send the claim notice on day 31 instead of by April 1 and the $700 of legitimate claims cannot be taken from the deposit at all; the full $2,000 goes back and your only route to the $700 is a separate lawsuit. Set against the modest deductions most landlords are protecting, the certified-mail receipt and the calendar are worth several times the money at stake in the deductions themselves.
FAQ
Is there really no limit on the deposit amount?
Correct. Florida imposes no cap. Market practice is typically one to one-and-a-half months' rent, but that's custom, not law.
What happens if I miss the 30-day claim notice?
You forfeit the right to impose a claim on the deposit. You must return it, though you can still file a separate lawsuit for damages.
Must the claim notice go by certified mail?
Yes — the statute specifies certified mail to the tenant's last known mailing address. Regular first-class mail doesn't satisfy § 83.49(3)(a).
What if the tenant objects to my claim?
The funds stay in the deposit account until you reach agreement or a court resolves it. Don't disburse a disputed claim to yourself.
Does the deposit earn interest?
If you choose the interest-bearing account option — the tenant gets 75% of the annualized average rate or 5% simple interest, your choice. The surety-bond option also requires paying the tenant 5% simple interest per year.
What if the tenant abandoned the unit mid-lease?
You generally aren't required to send the initial claim notice when a tenant vacates or abandons before the lease expires without proper notice, but the tenant still owes you at least 7 days' written notice of early departure.
When exactly do the 15- and 30-day clocks start?
Both run from the tenant vacating the premises. A full refund is due within 15 days of vacating; a certified-mail notice of intent to impose a claim is due within 30 days of vacating. Your cleaning schedule, repair quotes, and re-letting timeline do not move either date — document the vacating date in the deposit file the day it happens.
How do I document the holding and claim-notice duties?
Keep the deposit in one of the three permitted arrangements from day one — a separate non-interest-bearing Florida account, a separate interest-bearing Florida account, or a surety bond — and send the written notice of how it is held within 30 days of receipt, unless you rent fewer than five units. For any claim, keep the certified-mail receipt with the notice copy: together they prove the claim was sent, in the statute's form, inside the 30-day window.
Read the statute yourself
Everything on this page traces back to Fla. Stat. § 83.49. If a deadline, deduction, or holding question is ever disputed, the primary sources — not a summary — are what control:
- Fla. Stat. § 83.49 — Deposit money or advance rent (Online Sunshine, Florida Legislature) — the official Florida Statutes page for § 83.49, covering the holding options, the 15- and 30-day deadlines, the claim-notice form, and the penalties.
- Fla. Stat. § 83.49 — Security deposits (Cornell Law Institute) — a readable full-text version of the same section for cross-checking the official statutes.
Never miss Florida's 30-day claim notice: one late certified letter forfeits your right to touch the deposit at all — and a court that finds a § 83.49 failure awards the tenant three times the deposit plus fees. The Security Deposit Disposition & Deadline Tracker keeps your deposit register, deduction ledger, and deadline calendar in one formula-driven tracker ($14.95, one-time purchase).
More security deposit guides
- Security deposit laws by state
- Delaware security deposit law
- Georgia security deposit law
- Connecticut security deposit law
- Hawaii security deposit law
Last verified: October 14, 2026. This is general information, not legal advice. Verify with a licensed Florida attorney before acting.