Updated November 4, 2026
Where the rules come from
Security deposits in Florida residential rentals are covered by Section 83.49 of the Florida Statutes, part of the Florida Residential Landlord and Tenant Act. This guide summarizes it in plain English. It is general information, not legal advice. Statutes change, so read the current text or ask an attorney.
How the deposit must be held
The statute lets a landlord hold the deposit in one of these ways:
- A separate non-interest-bearing account at a Florida financial institution
- A separate interest-bearing account at a Florida financial institution, paying the tenant at least 75 percent of the annualized average rate or 5 percent simple interest per year, at the landlord's election
- A surety bond filed with the circuit court clerk, with 5 percent simple annual interest to the tenant
A landlord who rents fewer than five individual dwelling units does not have to give the written notice below, but the other rules still apply. If you hire a manager, ask them which method they use and where the money is held.
The 30-day notice to the tenant
A landlord who rents five or more units must give written notice, in the lease or within 30 days after getting the deposit or advance rent. It must say where the money is held, or that a bond was posted, and whether the tenant earns interest. Notice is also required within 30 days if the holding method or location changes.
Where interest applies, the statute requires it to be paid at least once a year, as a payment or as a credit against rent.
Returning the deposit: 15 days and 30 days
When the tenancy ends, there are two paths:
- No claim: the landlord has 15 days to return the deposit, plus any interest owed.
- Claim: the landlord who intends to keep part of the deposit must give written notice within 30 days, sent by certified mail to the tenant's last known mailing address, or by email as allowed in Section 83.505. The notice must state the reason.
The statute says that missing the 30-day deadline means the landlord loses the right to make a claim against the deposit.
What the tenant can do
After receiving a claim notice, the tenant has 15 days to object in writing. If the tenant does not object, the landlord may deduct the claimed amount and must send the remainder within 30 days of the notice. If the tenant objects, the dispute may go to court. Not objecting does not stop the tenant from suing for damages later.
Keep records: a move-in condition checklist with photos, receipts for repairs, and copies of all notices. They matter in any dispute.
Tips for owners
- Put the deposit terms in the lease and keep them consistent.
- Mark the move-out date on your calendar and count 15 and 30 days from it.
- Send notices by the method the statute requires and keep proof.
- If you use a property manager, ask for a written description of how deposits are handled.
For disputes, speak with a Florida attorney or the court clerk's resources. TheBayPros can connect you with a local property manager who handles deposits as part of their service.
Related notices to know
The deposit rules sit alongside other notice rules in the same Act. For example, the statute on landlord access defines reasonable notice for repairs as at least 24 hours, with entry between 7:30 a.m. and 8:00 p.m. And a landlord, or someone authorized for the landlord, must give the tenant the name and address of the person who receives notices and demands (Section 83.50).
For unpaid rent, Section 83.56 gives the tenant 3 days to pay after written notice, not counting weekends and legal holidays. Notice details matter, so ask a Florida attorney before acting on any of them.
Common mistakes
- Mixing the deposit with your personal funds when the statute calls for a separate account or bond
- Missing the 30-day window to send a claim notice
- Sending a claim notice by a method the statute does not allow
- Keeping no photos or move-in report, which leaves nothing to compare at move-out
Each of these is avoidable with a calendar reminder and a simple file for every tenant.
Frequently asked questions
How long does a landlord have to return a deposit in Florida?
Under Section 83.49, a landlord not making a claim has 15 days. A landlord who plans to claim must send written notice within 30 days.
How must the claim notice be sent?
By certified mail to the tenant's last known mailing address, or by email as allowed by Section 83.505.
Can a landlord keep the deposit if they miss the 30-day deadline?
The statute says a landlord who misses the deadline gives up the right to impose a claim on the deposit. Check with an attorney about your case.
Does the tenant have to respond?
The tenant has 15 days after receiving a claim notice to object in writing. Without an objection, the landlord may deduct the claim.