Florida's security deposit rules for residential rentals are in section 83.49 of the Florida Statutes. The process has several steps: a notice from the landlord, a window for you to object, and different deadlines depending on whether the landlord makes a claim. Each point below links to the statute.
This is general information, not legal advice. Your lease and local rules may add requirements. Check the linked official source, or talk to a qualified local advisor about your situation.
At a glance
| Topic | What the statute says | Source |
|---|---|---|
| No claim on the deposit | Return the deposit (plus any required interest) within 15 days after the rental agreement ends | § 83.49(3)(a) |
| Claim on the deposit | Written notice of the claim and the reason within 30 days after the rental agreement ends | § 83.49(3)(a) |
| Missed 30-day notice | Landlord forfeits the right to impose a claim on the deposit | § 83.49(3)(a) |
| Your response | You have 15 days after receiving the notice to object in writing | § 83.49(3)(b) |
| Interest | Depends on how the landlord holds the deposit | § 83.49(1), (9) |
For more context on security deposit rules across states, see the security deposit rules by state guide.
See how this compares with other states in how long a landlord has to return a security deposit.
Return deadline and the notice of claim
If the landlord isn't making a claim. The landlord must return the deposit, with interest if interest is required, within 15 days after the rental agreement ends (§ 83.49(3)(a)).
If the landlord intends to make a claim. Within 30 days after the rental agreement ends, the landlord must send you written notice of the intention to impose a claim on the deposit and the reason for it. The notice goes by certified mail to your last known mailing address, or by email if the requirements of section 83.505 are met. The statute sets out the wording the notice should substantially follow, including the amount claimed and the reason (§ 83.49(3)(a)).
If the landlord misses the 30-day notice. The landlord forfeits the right to impose a claim on the deposit and may not offset against it. The landlord can still file a separate lawsuit for damages after returning the deposit to you (§ 83.49(3)(a)).
Your 15 days to object. If you don't object in writing within 15 days after receiving the notice, the landlord may deduct the claim and must send you the balance within 30 days after the date of the notice. Not objecting in time doesn't waive your right to seek damages in a separate action (§ 83.49(3)(b)).
If it goes to court. The winning party in a suit over the deposit is entitled to court costs plus a reasonable attorney's fee (§ 83.49(3)(c)).
Your forwarding address and move-out notice
The written disclosure that landlords with five or more units must give tells tenants to provide their new address when they move out, so the landlord can send notices about the deposit (§ 83.49(2)(d)).
Unless your written lease says otherwise, if you move out before the lease ends, or you're on a week-to-week, month-to-month, or similar periodic tenancy, you must give at least 7 days' written notice by certified mail or personal delivery before leaving, including an address where you can be reached. If you don't, the landlord is relieved of the notice requirement in paragraph (3)(a), but you don't give up your right to the deposit (§ 83.49(5)).
For more on telling wear from damage, see our guide to normal wear and tear.
Allowed deductions
Section 83.49 doesn't list specific categories of deductions. Instead, it controls the process: a landlord who wants to keep any part of the deposit must send the written notice described above, stating the amount claimed and the reason (§ 83.49(3)(a)). That notice is your cue to compare each item with your own move-in and move-out records, and to object in writing within 15 days if you disagree (§ 83.49(3)(b)).
The same required disclosure encourages both sides to try to resolve a dispute informally before filing a lawsuit (§ 83.49(2)(d)).
Interest
Whether you earn interest depends on which of three options the landlord uses to hold the money (§ 83.49(1)):
- A separate non-interest-bearing account in a Florida financial institution. No interest is paid under this option.
- A separate interest-bearing account in a Florida financial institution. You receive interest of at least 75% of the account's annualized average interest rate, or 5% simple interest per year, whichever the landlord elects.
- A surety bond posted with the clerk of the circuit court (or, for some multi-county landlords, with the Secretary of State). The landlord must also pay you 5% simple interest per year.
When interest is owed, the landlord must pay it to you directly, or credit it against the current month's rent, at least once a year. Interest isn't owed to a tenant who wrongfully ends the tenancy before the end of the rental term (§ 83.49(9)).
The written notice about your deposit. A landlord who rents five or more units must tell you in writing, in the lease or within 30 days of receiving the deposit, where the deposit is held (or that a surety bond is posted) and whether you're entitled to interest (§ 83.49(2)).
Section 83.49 doesn't apply to hotel or motel transient rentals, or where rent or deposits are regulated by a public body, such as public housing and certain federally regulated programs (§ 83.49(4)). Some cities and counties have their own housing rules as well.
You can also work through our move-in checklist on day one and our move-out checklist on your last day.
What to keep on record at move-in and move-out
Florida's 15-day objection window is short. It helps to have your records ready before the notice arrives.
- At move-in: photograph every room (wide shot, then close-ups of existing marks) and send the landlord a dated list of existing issues. The move-in inspection checklist walks through it room by room.
- Keep the deposit notice: save the landlord's written notice about where the deposit is held and whether interest is paid.
- During the tenancy: log problems when you notice them, and keep the landlord's replies.
- At move-out: repeat the same photos in the same order. The rental damage photo checklist covers useful angles and close-ups.
- Paper trail: keep a copy of your move-out notice and new address, how you sent it, and the date the rental agreement ended.
- When a notice of claim arrives: note the date you received it, and check each item against your photos. The security deposit evidence checklist covers what to gather.
An organized, dated record makes a claim easy to review rather than easy to dispute. RentSeal is one way to keep that record: move-in photos organized by room, issues logged with dates, and an evidence pack you can export as a PDF or share as a read-only link if your deposit is ever disputed.
Ask for it in writing
If the deadline has passed or you disagree with a deduction, put it in writing. Our free security deposit demand letter writes a polite, dated letter that names your state's law, lists each charge you dispute and asks for the money or for receipts within a set number of days. Nothing you type leaves your browser.
Sources
- Florida Statutes § 83.49 (2026), Online Sunshine, The Florida Legislature: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html (Last checked: September 28, 2026)
Before you act
This is general information, not legal advice. Deposit rules change, and your lease or local rules may add requirements. For your own situation, read the linked official source or speak with a qualified local advisor.