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Renters' Rights · Security Deposit

Security Deposit Laws in Florida

The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Florida.

Reviewed by PlainStatute EditorialLast reviewed July 2026Verified against §83.49
Security deposit at a glance · Florida
No cap
Florida sets no statutory maximum on a residential security deposit. Your lease sets the amount.
Maximum depositNo cap
Return deadline15 / 30 days
Interest to tenantOnly if the landlord elects it
Separate accountUnless a surety bond is posted
ItemizationRequired within 30 days to claim
PenaltyLate notice forfeits the claim; fees to prevailing party
Statute§83.49

What your landlord can hold, and when it's due back

Enter your rent for the Florida maximum, plus the return-deadline clock.

Deposit calculator · Florida
Most a landlord can hold
No legal maximum
Florida sets no statutory cap — the lease controls the amount.
Return clock: 15 days (no claim) / 30 days to notice a claim
The deadline runs after the rental agreement ends. Give your landlord a written forwarding address at move-out so the clock starts.

Estimate only, based on Florida's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.

The full rules, with the statute

Every requirement and where it comes from in the code.

Maximum deposit
No statutory limit — Florida does not cap residential security deposits
Return deadline
If the landlord makes no claim, the full deposit is due within 15 days of the lease ending. To keep any of it, the landlord must send written notice of the claim by certified mail within 30 days; the tenant then has 15 days to object in writing.
Interest to tenant
ConditionalOnly if the landlord elects the interest-bearing separate-account option: then the tenant gets at least 75% of the average annual rate or 5% simple interest per year. Landlords who use a non-interest account or a surety bond owe no interest.
Separate account
ConditionalRequired for the two account options — a separate account at a Florida institution "for the benefit of the tenant." Not required if the landlord instead posts a surety bond (option c).
Itemization
To keep any part of the deposit, the landlord must send written notice of the claim by certified mail (or email) within 30 days, stating the reason and amount. The tenant has 15 days to object in writing.

Penalties & recent changes

What happens if the landlord keeps your deposit wrongfully.

If the landlord withholds wrongfully
A landlord who fails to send the 30-day notice "forfeits the right to impose a claim upon the security deposit" and must return it. In any dispute, the prevailing party recovers court costs and reasonable attorney's fees (§83.49(3)(c)).

What Florida renters get wrong

Florida's rule is a two-clock system, and the deadlines depend entirely on whether the landlord wants to keep any money. Return the whole deposit with no deductions, and it's due within 15 days. Want to keep some of it? The landlord has 30 days to mail a certified-mail notice of the claim — and missing that 30-day window forfeits the right to touch the deposit at all. Interest and separate accounts are optional storage methods here, not universal duties.

Common questions

How long does a Florida landlord have to return my deposit?

15 days if no deductions are claimed. If the landlord wants to keep part of it, they must send a certified-mail notice of the claim within 30 days; you then have 15 days to dispute it in writing.

Is there a limit on security deposits in Florida?

No. Florida Statute §83.49 sets no cap on a residential security deposit. The $50,000 figure some people cite is a threshold for the surety-bond alternative, not a deposit maximum.

Does my Florida landlord have to pay interest on my deposit?

Only if the landlord chose the interest-bearing separate-account option. In that case you get at least 75% of the average annual rate or 5% simple interest. Landlords using a non-interest account or a surety bond owe no interest.

What happens if my landlord misses the 30-day notice deadline in Florida?

They forfeit the right to make any claim against the deposit and must return it in full. If it goes to court, the prevailing party can recover attorney's fees and costs.

Primary source
→ Fla. Stat. §83.49
Florida Statutes (2025) · leg.state.fl.us
PlainStatute Editorial
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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