Florida security deposit rules
Florida sets no statutory limit on the size of a security deposit. The deposit must be returned 15 days after termination of the rental agreement and tenant vacating if the landlord makes no claim; if the landlord intends to impose a claim, written notice by certified mail within 30 days after termination (tenant then has 15 days to object), otherwise the right to claim is forfeited, with an itemised list of any deductions. No interest is owed on the deposit under state law.
What the law requires
No statutory limit. Returned 15 days after termination of the rental agreement and tenant vacating if the landlord makes no claim; if the landlord intends to impose a claim, written notice by certified mail within 30 days after termination (tenant then has 15 days to object), otherwise the right to claim is forfeited. Interest is not required: the landlord may hold deposits in a separate non-interest-bearing Florida account, in an interest-bearing Florida account (paying the tenant at least 75% of the account's annualized average interest rate or 5% simple interest, landlord's election, at least annually), or post a surety bond and pay 5% simple interest. No 2024-2026 changes to § 83.49 identified.
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 15-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing Fla. Stat. § 83.49. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Florida rules
- Late fees: No statutory cap or grace period; no statute located. Fla. Stat. ch. 83, Part II (including §§ 83.46 and 83.56) contains no late-fee provision. Fees must be in the written lease and are enforceable as liquidated damages only if reasonable (not a penalty). Since HB 1417 (2023), local governments are preempted from regulating the landlord-tenant relationship, including fees. Confirmed via secondary sources. Late fee calculator.
- Notice to end a tenancy: Not less than 30 days' written notice prior to the end of any monthly period, for either party (raised from 15 days by HB 1417, ch. 2023-314, effective July 1, 2023). Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Nonpayment: 3-day notice excluding Saturdays, Sundays and legal holidays (§ 83.56(3)); curable breaches: 7-day notice. Notice calculator.
- All rules on one page: Florida landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Florida?
There is no statutory cap in Florida; the market and the lease decide. Interest is not required: the landlord may hold deposits in a separate non-interest-bearing Florida account, in an interest-bearing Florida account (paying the tenant at least 75% of the account's annualized average interest rate or 5% simple interest, landlord's election, at least annually), or post a surety bond and pay 5% simple interest. No 2024-2026 changes to § 83.49 identified.
How long does a landlord have to return a security deposit in Florida?
15 days after termination of the rental agreement and tenant vacating if the landlord makes no claim; if the landlord intends to impose a claim, written notice by certified mail within 30 days after termination (tenant then has 15 days to object), otherwise the right to claim is forfeited. The statute is Fla. Stat. § 83.49.
Does a Florida landlord have to pay interest on the security deposit?
No. Florida law does not require interest on residential security deposits.