Florida security deposits: 15 days to return, 30 days to claim.
Florida sets strict rules for where you hold a tenant's deposit, what you must tell them, and how fast you must return it or claim against it. Miss a deadline and you can lose the right to keep any of the money.
Checked against the Florida Statutes on
Miss the 30-day notice and you forfeit your claim.
If you do not send a notice of claim within 30 days after the lease ends, you give up the right to make a claim against the deposit. Send the notice by certified mail or by email that meets § 83.505, and keep proof that you sent it.
Three ways to hold a deposit.
A separate account at a Florida financial institution. The money cannot be mixed with your own funds or used before it is actually due.
A separate interest-bearing account at a Florida financial institution. You pay the tenant either 75% of the annualized average rate the account earns, or 5% simple interest per year, whichever you choose.
Post a bond with the clerk of the circuit court in your county for the lesser of the amount you hold or $50,000, and pay the tenant 5% simple interest. Landlords renting in five or more counties may file one bond with the Secretary of State instead.
This applies to money held as a security deposit or as advance rent for periods other than the next rental period. You may withdraw advance rent for your own use when the advance rental period begins (§ 83.49(3)).
Six steps, and two clocks to watch.
- 1
Tell the tenant where the deposit is held
Give written notice in the lease or within 30 days after you receive the deposit. It must name the bank and its address (or say you posted a surety bond), say whether the tenant earns interest, and include the disclosure wording the statute prescribes. Email works if § 83.505 is satisfied. This notice duty does not apply to landlords with fewer than five rental units.
TimingWithin 30 days of receiving the deposit - 2
The lease ends
Both deadlines below run from the day the rental agreement ends. Keep the move-out date and your inspection notes. If the tenant leaves early, they should give 7 days' written notice with a forwarding address, unless the lease says otherwise (§ 83.49(5)).
TimingDay 0 - 3
No claim: return the deposit
If you are not keeping any of the deposit, return it with any interest that is owed.
TimingWithin 15 days - 4
Claim: send a notice of claim
If you intend to keep any part of the deposit, send written notice by certified mail to the tenant's last known address, or by email under § 83.505. It must state the amount you are claiming and the reason, in substantially the form the statute prescribes.
TimingWithin 30 days - 5
The tenant has 15 days to object
The tenant may object in writing within 15 days of receiving your notice. If they do not object, you may deduct the claim and must send the rest of the deposit within 30 days of the date of your notice. Not objecting does not stop the tenant from suing for damages later.
Timing15 days after the tenant receives it - 6
If it's disputed, a court decides
Either side can file an action to decide who is entitled to the deposit. The court must advance the case on its calendar, and the winning party recovers court costs and a reasonable attorney's fee.
TimingVaries by county
Return it or claim it.
Returning in full
- Return the full deposit plus any interest owed
- Counted from the day the rental agreement ends
No notice of claim is needed if you keep nothing.
Keeping any part
- Send written notice by certified mail or email under § 83.505
- State the amount and the reason for the claim
- The tenant then has 15 days to object in writing
No timely notice means no claim against the deposit.
Related guides
Put the deposit terms in writing.
Our free lease builder includes the security deposit clause and the Florida disclosures. Fill in the details, watch the lease update live, and download the PDF.
Start a leaseBefore you act.
Is there a legal limit on how much deposit I can charge?
Chapter 83 regulates how a deposit is held and returned, not how large it can be. Check your lease and any local rules, and keep the amount reasonable and clearly stated in the lease.
What if I sell the property or hire a new property manager?
Deposits and advance rent must be transferred to the new owner or agent, with the interest owed and an accounting for each tenant, and you should get a written receipt. The transfer does not wipe out problems from the time you held the money (§ 83.49(7)).
Does the deposit carry over when a lease renews?
A renewal is a new rental agreement, so a deposit carried forward is treated as a new deposit (§ 83.49(6)). It is wise to restate where it is held in the renewal.
Can I still sue for damages if I miss the 30-day deadline?
You lose the right to make a claim against the deposit and cannot set anything off against it. You may still sue the tenant separately for damages after you return the deposit, but you will be asking a court for money rather than keeping the deposit yourself.
Does this apply to hotels, public housing or subsidized rentals?
Not always. The section excludes transient hotel and motel stays, rents or deposits set by law or public bodies (including certain federal housing programs), and most public housing authority units (§ 83.49(4)). Check the program rules if that is your situation.
This page summarizes Chapter 83, Part II of the Florida Statutes for general information. It is not legal advice, statutes change, and local court procedures vary. Read the full statutes and consult a Florida-licensed attorney about your situation.