Florida Security Deposit Rules 2026: Limits, Timelines, Notices

TL;DR: Florida law (Fla. Stat. § 83.49) sets no maximum on how much a landlord can charge for a security deposit, but landlords must notify tenants in writing within 30 days of receipt about where the money is held. After move-out, landlords have 15 days to return the full deposit with no claims, or 30 days to send a written notice of intent to claim part of it by certified mail. Missing either deadline can forfeit the landlord's right to keep any of it.

_Last reviewed: August 2026 · 7 min read_

A tenant moves out, you find $600 in carpet damage, and now you're not sure how many days you have to say so in writing. Florida's security deposit statute is short, but it's strict on timing, and missing a deadline by even a few days can cost a landlord the entire deposit. Here's what the law actually requires for 2026.

Okoniq Property Hub keeps deposit amounts, bank account details, and notice deadlines attached to each lease, so you're not digging through email when a tenant moves out.

How much can a Florida landlord charge for a security deposit?

Florida places no statutory cap on security deposit amounts. Unlike states such as California or Delaware, Fla. Stat. § 83.49 doesn't limit deposits to one or two months' rent, so a landlord can legally ask for two, three, or even six months' rent as a deposit, subject only to what the market and the lease will support. Some landlords still stick to one to two months' rent to stay competitive, since a $4,500 deposit on a $1,500-a-month unit can scare off otherwise qualified applicants.

The lease itself should spell out the exact deposit amount, whether it's refundable, and any conditions for partial forfeiture. If you're drafting or reviewing lease language, it helps to check it against the standard clauses covered in 7 lease clauses every independent landlord must understand before you set the number.

Where does Florida law require the deposit to be held?

Florida landlords must hold the deposit in one of three ways: a non-interest-bearing account, an interest-bearing account, or a surety bond. Whichever method you choose, the money must be kept separate from your personal operating funds, and commingling it with your own cash is a common mistake that gets landlords in trouble during disputes.

Within 30 days of receiving the deposit, you're required to give the tenant written notice stating the name and address of the depository, whether the deposit is interest-bearing, and the tenant's rate of interest if applicable. This isn't optional paperwork. Failing to send it within that 30-day window doesn't void the deposit outright, but it does weaken your position if a tenant later disputes a claim. If the account is interest-bearing, Florida requires you to pay the tenant either 75% of the annualized average interest or 5% simple interest per year, whichever the landlord elects, and the mechanics of that calculation are broken down in do you owe interest on a tenant's security deposit?

What notice must a landlord send within 30 days of move-out?

If a landlord intends to keep any portion of the deposit, they must send a written notice of intention to impose a claim within 30 days after the tenant vacates. This notice has to go by certified mail to the tenant's last known address, and it must itemize the reasons for the claim, such as unpaid rent, cleaning costs, or damage beyond normal wear.

Once that notice is sent, the tenant has 15 days to object in writing. If the tenant doesn't respond within that window, the landlord can deduct the claimed amount and send the remainder. If the tenant does object, the dispute typically has to be resolved through negotiation or small claims court, since Florida doesn't have a state-run mediation program for this. Landlords who skip the certified-mail requirement or miss the 30-day deadline lose the right to impose any claim on the deposit, even if the damage is real and documented.

| Scenario | Landlord's deadline | Method required | |---|---|---| | No deductions, full refund | 15 days after move-out | Any traceable method (check, ACH) | | Landlord wants to claim part of deposit | 30 days after move-out | Written notice by certified mail | | Tenant disputes the claim | 15 days to respond | Written objection from tenant |

How long does a landlord have to return the security deposit?

If there's no dispute, the full deposit must be returned within 15 days of the tenant moving out. This is the fastest deadline in the statute, and it applies whenever the landlord isn't claiming any deductions. Many landlords miss it simply because they're waiting on a final utility bill or contractor invoice, but Florida law doesn't grant extensions for pending paperwork.

If the landlord is making a claim, the 30-day certified-mail notice effectively extends the timeline, and the final resolution can stretch to 45 days or more once the tenant's 15-day objection window is factored in. Keeping a dated log of move-out inspections, photos, and repair invoices is the single best way to defend a deduction if a tenant pushes back. If a deposit dispute escalates into a larger conflict, such as unpaid rent that leads to eviction, the timeline and notice rules are different and are covered in how long does an eviction take in Florida?

What happens if a landlord misses a deposit deadline in Florida?

Missing the 15-day or 30-day deadline can mean forfeiting the right to keep any part of the deposit, regardless of documented damage. Courts have consistently sided with tenants when landlords send the intent-to-claim notice late, treat it as a formality, or send it by regular mail instead of certified mail as the statute requires. In practice, this means a landlord with a legitimate $800 damage claim can end up owing the tenant the full deposit back, plus potentially court costs, simply because the notice went out on day 32 instead of day 30.

The safest practice is to calendar the move-out date the moment a tenant gives notice, and treat day 15 and day 30 as hard stops. If a security deposit dispute turns into a broader lease violation matter, such as the tenant disputing charges while still owing back rent, the notice-writing process overlaps with what's covered in how to write an eviction notice, since both require precise, dated, certified documentation.

FAQ

Is there a limit on how much a Florida landlord can charge for a security deposit?

No. Florida law sets no maximum deposit amount, so the figure is whatever the landlord and tenant agree to in the lease, though most landlords charge one to two months' rent to stay competitive.

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

Only if the deposit is held in an interest-bearing account. If so, the landlord must pay the tenant either 75% of the average annual interest or 5% simple interest per year, whichever the landlord selects.

What happens if a Florida landlord doesn't send the 30-day notice?

The landlord forfeits the right to impose any claim on the deposit and generally must return the full amount to the tenant, even if there's legitimate damage.

Can a tenant sue if the deposit isn't returned in Florida?

Yes. A tenant can file in small claims court, and if the court finds the landlord acted in bad faith, it can award the tenant the deposit plus court costs and attorney's fees.

Does Florida require a walk-through inspection before returning a deposit?

No state law mandates a walk-through, but documenting the unit's condition with dated photos at move-in and move-out is the strongest evidence a landlord can have if a claim is disputed.

This is educational information, not legal advice. Consult a Florida landlord-tenant attorney or review Fla. Stat. § 83.49 directly before drafting deposit notices or making deductions.