Florida Security Deposit Rules Every Landlord Should Know

Security deposits in Florida are governed by Section 83.49 of the Florida Statutes. The rules are specific, the deadlines are short, and a missed step can cost the landlord the right to deduct anything at all.

Holding the deposit

• Keep it in a separate Florida bank account (interest-bearing or non-interest-bearing), or post a surety bond as the statute allows
• Don't commingle the deposit with operating funds or use it before the tenancy ends
• Within 30 days of receiving it, give the tenant written notice of how and where it's held, with the disclosure language the statute requires

When the tenant moves out

• No claim: return the full deposit within 15 days
• A claim: within 30 days, send written notice by certified mail to the tenant's last known mailing address, stating your intent to impose a claim and the reason
• The tenant has 15 days after receiving the notice to object in writing
• If there's no objection, deduct the claim and return the balance within 30 days of the date of your notice

If the 30-day notice isn't sent on time, the landlord generally forfeits the right to impose a claim on the deposit. That's the single most expensive mistake in this process.

Documentation wins deposit disputes

• A move-in inspection with dated photos of every room
• A move-out inspection that repeats the same rooms and angles
• Itemized invoices for every repair you deduct
• A clear line between normal wear and tear and actual damage

Deposit alternatives

Since 2023, Florida law (Section 83.491) has allowed landlords to offer tenants a monthly fee in place of a traditional security deposit. Specific written disclosures are required, and it isn't the right fit for every property.