On This Page
Florida Security Deposit Limits
Maximum deposit: No statutory limit. Landlords can charge any amount.
Statute: Fla. Stat. § 83.49
Full text: Read the law
Return Deadline & Requirements
15 days if no deductions. If landlord intends to make a claim, must notify tenant within 30 days by certified mail. Tenant then has 15 days to object. If no objection, landlord has 30 more days to return the balance.
Itemized Statement Required: Landlord must send notice of intent to impose a claim by certified mail, including an itemization of deductions and the amount. Must include specific statutory language about the tenant's right to object.
Move-Out Inspection
No statutory right to pre-move-out inspection.
Allowed & Prohibited Deductions
What Landlords CAN Deduct
- Unpaid rent
- Damages beyond normal wear and tear
- Early termination costs
- Cleaning costs if unit is not left in the condition specified in the lease
What Landlords CANNOT Deduct
- Normal wear and tear
- Pre-existing damage
Penalties for Violations
Landlord Penalties: If landlord fails to provide proper notice within 30 days, they forfeit the right to impose any claim on the deposit. Tenant can also recover court costs.
Where to file: Small Claims Court (up to $8,000)
Interest Requirements
Not required, but if landlord holds deposit in an interest-bearing account, they must pay the tenant either 75% of the annualized average interest rate or 5% simple interest per year (landlord's choice).
How to Get Your Florida Security Deposit Back
If your landlord is withholding your deposit wrongfully, here's what to do:
- Document everything at move-out — Take photos and video of the unit's condition. Do a walkthrough if your state allows it.
- Provide your forwarding address in writing — Many states don't start the return clock until you provide this.
- Wait for the deadline to pass — Give your landlord the full 15 to 30 days required by law.
- Send a demand letter — If the deadline passes without your deposit, send a formal demand letter citing Fla. Stat. § 83.49.
- File in court — If the demand letter doesn't work, file in Small Claims Court (up to $8,000). You may recover additional penalties.
Get Your Security Deposit Back
Create a free demand letter for your Florida security deposit dispute. Cites FL law automatically.
Create Free Demand LetterFrequently Asked Questions
How long does a Florida landlord have to return a security deposit?
15 days if making no deductions. If the landlord wants to keep any portion, they must send a certified letter within 30 days explaining the claims. The tenant then has 15 days to object.
What happens if my Florida landlord misses the 30-day deadline?
The landlord forfeits the right to impose any claim on the deposit. This is one of the strictest forfeiture rules in the country — missing the deadline means the full deposit must be returned.
Does my Florida landlord have to send the notice by certified mail?
Yes. The notice of intent to impose a claim must be sent by certified mail to the tenant's last known address. Regular mail is not sufficient.
Is there a limit on security deposits in Florida?
No statutory limit. However, most landlords charge 1-2 months' rent. Regardless of amount, the same return rules apply.
More Resources: All State Guides | Security Deposit Demand Letter Guide | Demand Letter Templates