Florida Security Deposit Law: How to Get Your Deposit Back

Florida security deposit law (s. 83.49), as of October 2026: the 15- and 30-day deadlines, how to object to a claim, interest and deposit alternatives.

Under Florida security deposit law, section 83.49 of the Florida Statutes, a landlord who makes no claim on your deposit must return it within 15 days after the lease ends. To keep any part, the landlord must send written notice of the claim within 30 days, and you have 15 days after receiving it to object in writing.

The rules below come from the 2026 Florida Statutes, read on the Florida Legislature's website on October 13, 2026. They apply to apartments statewide, and since July 1, 2023, cities and counties can't add deposit rules of their own (section 83.425). Deposit amounts are from MiaRent's research on South Florida rental buildings in October 2026. For the wider picture, see our guide to Florida landlord-tenant law and our complete guide to renting in Miami and South Florida.

What counts as a security deposit in Florida?

Chapter 83 uses three terms. "Deposit money" is any money the landlord holds for you, including damage deposits, security deposits, advance rent deposits and pet deposits, whether agreed in writing or orally (section 83.43(4)). A "security deposit" is money held as security for your performance of the lease, including the landlord's losses if you break the lease before it ends (section 83.43(14)). "Advance rent" is money paid toward a future rent period, not the current one (section 83.43(2)); the landlord can move it to its own account once that period starts (section 83.49(3)).

One-time charges are a separate question. In our October 2026 research, 116 buildings stated a one-time fee for a first pet and 50 an administrative fee, as our guide to fees beyond rent shows. A charge your lease calls a non-refundable fee isn't money held for you the way a deposit is, so check which one each move-in charge is before you sign.

Is there a limit on security deposits in Florida?

No. Part II of chapter 83 doesn't cap the amount, and section 83.425 now bars local governments from regulating security deposits. In our October 2026 research, 24 South Florida rental buildings published a deposit amount, and most asked $500 to $2,000. Some scale it to the apartment: Maizon Brickell in Brickell lists $750 for a studio up to $2,000 for a penthouse, and MiLine Miami $750 to $1,500. Others scale it to screening: Portico Apartments in Sunrise lists $1,000 to $5,000, and Palmetto Station and The Park at Kendall list $500 that may rise after screening. At Regency Parc in Coral Gables, it's $8,000 to $30,000.

Where must a Florida landlord keep your deposit?

Section 83.49(1) gives the landlord three options. With either bank account, the money can't be mixed with the landlord's own funds or used until it's actually due to the landlord.

Since May 2024, a "Florida financial institution" means a bank, credit union, trust company, savings bank or thrift authorized to do business in Florida whose deposits are federally insured (section 83.43(7)). Where interest is owed, the landlord must pay it to you or credit it against rent at least once a year, but it doesn't owe interest to a tenant who wrongfully ends the tenancy early (section 83.49(9)).

A landlord with five or more units must tell you in writing, in the lease or within 30 days of receiving the money, where it's held or that a bond was posted, whether you'll get interest, and a set disclosure about move-out notices; if it later moves the money, it has 30 days to tell you (section 83.49(2)). Missing that notice doesn't excuse you from paying rent.

How long does a landlord have to return a security deposit in Florida?

The clock starts when the lease ends and you move out (section 83.49(3)):

If the landlord misses the 30-day notice, it forfeits the right to take anything from the deposit and can't set off against it, though it can return the deposit and then sue you for damages separately (section 83.49(3)(a)). If you miss the 15-day window, the landlord can deduct its claim, but you keep the right to sue for damages in a separate action (section 83.49(3)(b)).

The claim notice follows wording set in the statute: the amount, the reason, a reference to section 83.49(3), and a warning that you must object in writing within 15 days. The disclosure landlords must give at move-in also tells you to give the landlord your new address when you move out, because the notice goes to your last known mailing address.

What can a landlord deduct from your security deposit?

The statute doesn't list allowed deductions. It lets the landlord impose a claim for damages on the deposit, and the deposit secures your performance of the lease, which covers unpaid rent and the landlord's losses if you break the lease early (sections 83.43(14) and 83.49(3)). Under section 83.52, you must keep the unit clean and sanitary, use fixtures and appliances reasonably and not damage the property. If you paid an agreed early termination fee, the landlord can also charge rent through the end of the month it retakes possession and any damage to the unit, but no rent after that (section 83.595(4)); our guide on how to break a lease in Florida explains it.

Part II doesn't require a move-in or move-out inspection, so your own records are the evidence: dated photos or video of every room when you move in and out, a copy of any condition checklist you signed, and receipts for cleaning or repairs you paid for.

What should you do before you move out?

• Give written notice of your move-out date. If you're leaving before the lease ends, or you rent month to month, section 83.49(5) calls for at least 7 days' written notice by certified mail or hand delivery, including an address where you can be reached, unless your written lease says otherwise. Skip it and the landlord is excused from the 30-day claim notice, though you don't lose your right to the deposit.
• Give your forwarding address in writing even when you leave at the end of the lease.
• Check whether your lease requires end-of-lease notice. A lease can require 30 to 60 days (section 83.575(1)), and missing it can lead to a charge.
• Clean, photograph the empty unit, return keys and access devices, and get a receipt.
• Put day 15 and day 30 after the lease ends in your calendar, and watch your mail and e-mail.

How do you dispute a security deposit deduction in Florida?

Object in writing within 15 days of receiving the landlord's notice, to the address the notice gives, and keep proof that you sent it. List each charge you dispute and why, and attach your photos and receipts. If you still can't agree, either side can go to court over the deposit, the winner is entitled to court costs plus a reasonable attorney fee, and the court must move the case up its calendar (section 83.49(3)(c)). Claims up to $8,000, not counting costs, interest and attorney fees, fall under the Florida Small Claims Rules in county court (Rule 7.010(b)).

Two more rules. When a building is sold, deposits and earned interest pass to the new owner, who is presumed to have received them, up to one month's rent (section 83.49(7)). When you renew, a deposit carried forward counts as a new deposit (section 83.49(6)).

What is a fee in lieu of a security deposit in Florida?

Since July 1, 2023, section 83.491 has let landlords offer a fee instead of a deposit, paid monthly with the rent or on another agreed schedule. A landlord doesn't have to offer it, but if it does, it must offer it to all new tenants on the property and can't use your choice in deciding your application. Before you sign up, the landlord must tell you in writing that:

• you can pay the security deposit instead at any time, and may be able to pay it in monthly installments;
• the fee may be non-refundable and only lets you move in without a deposit;
• it doesn't reduce what you owe for rent, fees or damage beyond normal wear and tear; and
• if the landlord uses the fee to buy insurance, that insurance doesn't cover you.

The fee can't go up during the lease. At move-out, the landlord has 30 days to tell you what you owe and must wait at least 15 more days before filing an insurance claim. An insurer that pays the landlord and has subrogation rights can seek reimbursement from you for up to a year after the tenancy ends, but you keep any defenses you'd have against the landlord, and the landlord can't collect the same amount from both you and the insurer.

Some South Florida buildings advertise alternatives to a deposit. In our October 2026 research, Camden Brickell, Amaray Las Olas by Windsor and Allure by Windsor advertised no deposit with approved credit, The Aubrey at Seaside a deposit waiver for $22 to $49 a month, and The District at Flagler Village in Fort Lauderdale a deposit-free program. Ask whether an option is a fee under section 83.491, and get its terms in writing.

Deposit rules don't change your rent. If your renewal comes with a higher rent and a bigger deposit, see our guide to Florida rent increase laws.

This is general information, not legal advice.

Frequently asked questions

Does a Florida landlord have to pay interest on a security deposit?

Only if it holds the deposit in an interest-bearing account or posts a surety bond. With an interest-bearing account, you get at least 75 percent of the account's average rate or 5 percent simple interest a year, as the landlord elects; with a bond, 5 percent. It must be paid or credited at least once a year (section 83.49).

Is there a maximum security deposit in Florida?

No. Chapter 83 sets no cap, and since 2023 local governments can't set one (section 83.425).

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

The landlord forfeits the right to take anything from the deposit and must return it, though it can still sue you separately for damages (section 83.49(3)(a)).

Can I use my security deposit as my last month's rent in Florida?

Part II doesn't give tenants that right. The deposit secures your lease obligations, including rent, so whether you can apply it to the last month depends on your lease and the landlord's agreement. Get any agreement in writing.

Where can I get help with a deposit dispute?

Deposit claims up to $8,000 can be brought under the small claims rules in your county court. The Florida Bar's Lawyer Referral Service (800-342-8011) offers a 30-minute consultation with a lawyer for no more than $25.