Florida security deposit rules: return deadline, claim notice and interest

The two deadlines: 15 days and 30 days

Section 83.49(3)(a) gives a Florida landlord two paths once the tenant has moved out and the rental agreement has ended. With no claim, the deposit goes back within 15 days, with interest if interest is owed. With a claim, a written notice goes to the tenant within 30 days.

Both periods run from the termination of the rental agreement. The notice states the amount claimed and the reason.

No claim

Return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement. Fla. Stat. § 83.49(3)(a)

Claim on the deposit

Within 30 days after the termination of the rental agreement, give the tenant written notice of the intention to impose a claim and the reason for it. Fla. Stat. § 83.49(3)(a)

Tenant left without notice

A tenant who vacates or abandons the unit gives at least 7 days’ written notice, with a forwarding address, by certified mail or personal delivery, unless a written rental agreement says otherwise. Failure to give that notice relieves the landlord of the notice requirement in (3)(a). It does not waive any right the tenant has to the deposit. Fla. Stat. § 83.49(5)

Advance rent

Advance rent may be disbursed to the landlord when the advance rental period begins, without notice to the tenant. Fla. Stat. § 83.49(3)

The notice of claim: wording, delivery and the tenant’s 15 days

The statute supplies the wording. The notice has to contain a statement in substantially this form: “This is a notice of my intention to impose a claim for damages in the amount of ____ upon your security deposit, due to ____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).”

Here is how the dates work on a $2,000 deposit. The rental agreement ends June 30. On July 20 the landlord mails a notice claiming $450 for damage. If the tenant doesn’t object within 15 days after receiving it, the landlord may deduct the $450 and sends the remaining $1,550 by August 19, which is 30 days after the date of the notice.

Section 83.49 doesn’t list which charges may be claimed. It says the notice gives the reason for the claim.

Delivery

By certified mail to the tenant’s last known mailing address, or by email in accordance with § 83.505. Fla. Stat. § 83.49(3)(a)

Email

Allowed when landlord and tenant have signed an addendum to the rental agreement agreeing to email delivery, each with a valid email address. An emailed notice is deemed delivered when sent, unless it is returned as undeliverable. The sender keeps a copy of the notice and evidence of the transmission. Fla. Stat. § 83.505(1), (4), (5)

Tenant’s objection

Within 15 days after receipt of the notice. A tenant who doesn’t object in time keeps the right to seek damages in a separate action. Fla. Stat. § 83.49(3)(b)

Balance of the deposit

With no timely objection, the landlord may deduct the claim and remits the balance within 30 days after the date of the notice. Fla. Stat. § 83.49(3)(b)

How the deposit is held, and interest

Section 83.49(1) gives three ways to hold a deposit or advance rent, and the landlord picks one. In the two account options the money can’t be mixed with the landlord’s other funds or used until it is actually due to the landlord.

Interest follows the choice. A non-interest-bearing account earns the tenant nothing. On a $2,000 deposit in an interest-bearing account paying 2% a year, 75% of that rate is 1.5%, or $30 a year. If the landlord elects the flat 5% rate, or posts a surety bond, it is $100 a year.

Option 1

A separate non-interest-bearing account in a Florida financial institution, for the benefit of the tenant. Fla. Stat. § 83.49(1)(a)

Option 2

A separate interest-bearing account in a Florida financial institution. The tenant receives at least 75% of the annualized average interest rate payable on the account, or 5% a year simple interest, whichever the landlord elects. Fla. Stat. § 83.49(1)(b)

Option 3

A surety bond posted with the clerk of the circuit court in the county where the unit is, for the total of the deposits and advance rent held or $50,000, whichever is less. The landlord also pays the tenant 5% a year simple interest. Fla. Stat. § 83.49(1)(c)

When interest is paid

At least once a year, paid directly to the tenant or credited against the current month’s rent. No interest is owed to a tenant who wrongfully ends the tenancy before the end of the rental term. Fla. Stat. § 83.49(9)

Florida financial institution

A bank, credit union, trust company, savings bank, or savings or thrift association authorized to do business in Florida, with federally insured deposits. Fla. Stat. § 83.43(7)

The written disclosure within 30 days

A landlord who rents five or more individual dwelling units gives each tenant a written notice about the deposit, either in the lease or within 30 days after receiving the deposit or advance rent. The subsection does not apply to a landlord who rents fewer than five individual dwelling units.

The notice names where the money is held, says whether the tenant is entitled to interest, and carries a block of capital-letter text set out in the statute. That text begins “YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS.” Copy it from § 83.49(2)(d) as it reads today, since the 2025 change added email to its wording.

When

In the lease agreement, or within 30 days after receipt of advance rent or a security deposit. Fla. Stat. § 83.49(2)

What it states

The name and address of the depository, or that a surety bond has been posted, and whether the tenant is entitled to interest. It also contains the statutory disclosure. Fla. Stat. § 83.49(2)(b)-(d)

How it is given

In person, by mail, or by email in accordance with § 83.505. Fla. Stat. § 83.49(2)(a)

If the account changes

Notify the tenant within 30 days after a change in the manner or location in which the money is held. No new notice is needed just because the depository merged, changed its name or changed owners. Fla. Stat. § 83.49(2)

Who is exempt

Any landlord who rents fewer than five individual dwelling units. Fla. Stat. § 83.49(2)

If the 30-day notice is missed

Florida’s deposit statute has no penalty of two or three times the deposit. The cost of a late notice is the claim itself, plus the other side’s court costs and attorney’s fee if the dispute goes to court and the landlord loses.

Take the same $2,000 deposit and $450 of damage. If the notice goes out on day 31, the landlord returns the full $2,000 and may then file a separate action for the $450.

Forfeiture

A landlord who fails to give the notice within the 30-day period forfeits the right to impose a claim upon the security deposit and may not seek a setoff against it. The landlord may file an action for damages after returning the deposit to the tenant. Fla. Stat. § 83.49(3)(a)

Court costs and fees

In an action over the right to the deposit, the prevailing party is entitled to court costs plus a reasonable attorney’s fee. Fla. Stat. § 83.49(3)(c)

Renewals

A renewal of a rental agreement is treated as a new rental agreement, and a deposit carried forward as a new security deposit. Fla. Stat. § 83.49(6)

Sale of the property

Deposits and advance rent are transferred to the new owner or agent, with any earned interest and an accurate accounting for each tenant. Fla. Stat. § 83.49(7)

Fee in place of a deposit, and what this page doesn’t cover

Since July 1, 2023, a Florida landlord may offer tenants the option of a fee in lieu of a security deposit. The fee is not a security deposit, so the holding and return rules above don’t apply to it. It has its own written agreement, disclosures and a 30-day notice after the tenancy ends.

This page covers ordinary residential rentals under part II of chapter 83. Section 83.49 does not apply to transient rentals by hotels or motels, or where the rent or deposit is regulated by law or by a public body, including public housing authorities and federally administered or regulated housing programs. A mobile home on a rented lot in a park with 10 or more lots falls under chapter 723. State law preempts local rules on security deposits, so cities and counties don’t add their own.

Fee in lieu of deposit

Optional for the landlord. It needs a written agreement signed by both sides, and the fee can’t be increased during the term of the rental agreement. A landlord who offers it to one new tenant offers it to all new tenants renting on the same premises, and can’t use the tenant’s choice in approving or denying an application. Fla. Stat. § 83.491(1), (4), (7)

Notice after the tenancy

Within 30 days after the conclusion of the tenancy, the landlord notifies the tenant of any costs or fees due. The landlord can’t submit a claim to an insurer until at least 15 days after that notice. Fla. Stat. § 83.491(2)

Not a deposit

A fee collected in lieu of a security deposit is not a security deposit. Fla. Stat. § 83.491(6)

Regulated housing

Section 83.49 does not apply where the amount of rent or deposit is regulated by law or by a public body, other than for rent stabilization. Fla. Stat. § 83.49(4)

Mobile home lots

A mobile home placed on a rented lot in a park with 10 or more lots is governed by chapter 723. When both the home and the lot are rented, part II of chapter 83 applies. Fla. Stat. § 723.002(1)

Local rules

Regulation of residential tenancies, including security deposits, is preempted to the state. Fla. Stat. § 83.425