Florida security deposit law: know your rights.
A refund, a notice of claim and your objection have different clocks. First identify which document or payment you are waiting for.
Your deposit rights in Florida
- Deposit limit
- Section 83.49 does not set a dollar or rent-multiple cap. Check your lease and any rules for a regulated housing program.
- Return timing
- 30 days to send written notice of intent to impose a claim - by certified mail or, since 2025, by e-mail if the tenant signed an electronic-delivery addendum (§ 83.505); 15 days to return the deposit if no claim.
- Accounting for deductions
- Return the deposit within 15 days if no claim; otherwise send the claim notice within 30 days stating the amount and reason, using substantially the statutory form wording. The tenant then has 15 days after receipt to object in writing; missing the objection window lets the landlord deduct but does not bar a later lawsuit.
- Deposit interest
- No interest is required for the separate non-interest-bearing account option. For an interest-bearing account, the landlord elects at least 75% of the annualized average account rate or 5% simple interest. The surety-bond option requires 5% simple interest (Fla. Stat. 83.49(1)(a)-(c)).
The local guide rules linked here were checked 2026-09-14. Review dates refer to the cited rules, not an attorney review of your case.
Does this rule apply to your rental?
These are residential deposit rules. Transient stays and regulated housing can follow different provisions. The fewer-than-five-units exception concerns the account disclosure in subsection (2), not a general exemption from returning deposits. Early departures and periodic tenancies also need the move-out notice check below.
Florida Legislature: section 83.49 ↗What starts the return clock?
30 days to send written notice of intent to impose a claim - by certified mail or, since 2025, by e-mail if the tenant signed an electronic-delivery addendum (§ 83.505); 15 days to return the deposit if no claim.
Dates in practice
Example: you vacate when a fixed-term tenancy ends on September 1, 2026. With no claim, the 15-day calendar reference is September 16; the 30-day claim-notice reference is October 1. If you receive a claim notice on September 10, your separate 15-day objection reference is September 25. A claim notice is not itself a refund.
Check your return timing
Use your dates to see the relevant calendar references. The questions below account for the start conditions described above. You can start the free analysis without completing this check.
Check what the landlord deducted
Use the charge, the applicable rule and your records together. Start with the items you actually dispute.
Cleaning or repainting
Check the stated reason, amount and lease basis. A timely notice preserves the claim process; it does not establish that the charge is justified.
Records to check: Compare the notice with move-in and move-out photos, the lease and the work claimed.
Unpaid rent
Reconcile the rent ledger with your payments and tenancy end date before accepting the amount.
Records to check: Keep bank confirmations and any agreement releasing you from the remaining term.
Notice without receipts
Section 83.49 requires the amount, reason and substantially the statutory notice wording. It does not require invoices to be attached.
Records to check: Ask for supporting records and preserve the notice envelope or permitted email delivery record.
What could you recover?
No fixed multiplier, but the prevailing party recovers court costs and attorney's fees (Fla. Stat. § 83.49(3)(c)) - a strong settlement lever.
Start with the unpaid amount you dispute. Any additional statutory recovery depends on the conditions in Fla. Stat. § 83.49(3)(c), including applicable notice requirements.
Florida Legislature: section 83.49 ↗Example: a refund claim after an itemized response
Fictional Florida example, assuming the law applies. This example does not assume a missed return deadline.
- Deposit paid
- $2,000
- Already returned
- $900
- Charges accepted
- $200
- Charges disputed
- $900
- Additional statutory return
- $0
- Additional statutory damages
- $0
- Amount requested before court costs
- $900
The current demand includes the disputed refund. Additional statutory recovery requires the conditions below; it is not automatically earned by a missed date. Court costs and any attorney fees need their own legal basis and award; collecting a judgment is a separate step.
Read this example in the sample case ↗Put the rules to work
See how the rules fit your deposit dispute
Free analysis
Add the refund, charges and records. Review the deductions and possible remedies with an explanation tied to your facts.
Full case package $29-$49
Turn your case into a demand letter, organized exhibits and a next-step plan. Review the analysis before deciding to buy.
Your entered dates and deposit amount carry forward. Additional timing details are saved in case notes. The next step asks for the refund and charges so you can build on this check.
Choose your next step
Small-claims limit: $8,000. Filing: $55-$300 by claim size (county clerk totals). The court guide explains the applicable limits and additional costs.
Questions about Florida deposit rights
How long does a Florida landlord have to return a security deposit?
30 days to send written notice of intent to impose a claim - by certified mail or, since 2025, by e-mail if the tenant signed an electronic-delivery addendum (§ 83.505); 15 days to return the deposit if no claim.
Fla. Stat. § 83.49 ↗See the timing rules →What happens if my landlord does not follow the deposit return rules in Florida?
Failure to send the claim notice within 30 days forfeits the right to impose any claim on the deposit (the landlord may still sue separately after returning it). Watch out: a tenant leaving before the end of the term must give 7 days' written notice with a forwarding address - otherwise the landlord is relieved of the notice requirement. Keep proof of the dates, any refund, and the itemized statement.
Fla. Stat. § 83.49 ↗Understand the possible recovery →Does a small Florida landlord get extra time to return my deposit?
The exception for landlords renting fewer than five units is in the account-disclosure subsection. It does not generally remove the refund and claim-notice duties in section 83.49(3).
Section 83.49(2)-(3) ↗What if I left early or had a month-to-month tenancy?
Unless the written rental agreement provides otherwise, section 83.49(5) requires at least seven days of written notice before vacating, by certified mail or personal delivery, with an address where you can be reached. Failure can relieve the landlord of the claim-notice requirement, but does not waive your right to the deposit.
Section 83.49(5) ↗Did I lose my refund claim by missing the 15-day objection window?
The landlord may deduct the claim if you do not object on time, but section 83.49(3)(b) preserves your right to seek damages in a separate action. Keep the notice, refund record and evidence about each disputed charge.
Section 83.49(3)(b) ↗