Florida security deposit law

• Return the full deposit (plus any interest owed) within 15 days after the rental agreement ends.
• Send written notice of the intended claim and the reason, by certified mail to the tenant's last known mailing address (or as allowed by § 83.505), within 30 days after the rental agreement ends. Missing this deadline forfeits the right to claim against the deposit.
• The tenant has 15 days after receiving the notice of claim to object in writing. If the tenant doesn't object, the landlord may deduct the claim and must send the balance within 30 days after the notice date.

The claim notice goes to the tenant's last known mailing address. A tenant who leaves early or at the end of a periodic tenancy must give at least 7 days' written notice with an address where they can be reached; if not, the landlord is relieved of sending the claim notice, but the tenant keeps the right to the deposit (§ 83.49(5)).

Required: Yes. No itemized list is required, but any claim needs a written notice in the statute's set wording, stating the amount claimed and the reason.

§ 83.49 doesn't define normal wear and tear. § 83.491 says a fee paid in place of a deposit doesn't relieve the tenant of paying for damage beyond normal wear and tear.

Since July 1, 2023, a landlord may offer a monthly or one-time fee in place of a deposit (§ 83.491). The fee is not a security deposit and can be nonrefundable, but the tenant may choose the deposit instead at any time and still owes for damage beyond normal wear and tear. A landlord who offers it must offer it to all new tenants on the premises.

• Interest required: No. Interest is owed only if the landlord holds the deposit in an interest-bearing account (at least 75% of the annualized average rate or 5% simple interest per year, as the landlord elects) or posts a surety bond (5% per year). Interest is paid at least yearly, in cash or as rent credit.
• Separate account required: Yes. The landlord must keep deposits in a separate account at a Florida bank (interest-bearing or not, without commingling) or post a surety bond with the circuit court clerk. A landlord with 5 or more units must tell the tenant in writing within 30 days how and where the deposit is held.
• Move-in inspection required: No. The statute does not require a move-in inspection or condition checklist.

No multiple damages. A landlord who misses the 30-day notice forfeits the right to claim against the deposit (but may still sue for damages after returning it). The prevailing party in a deposit lawsuit gets court costs and a reasonable attorney's fee (§ 83.49(3)(c)).

The statute has no bad-faith presumption. Failing to send the notice of claim within 30 days forfeits the right to keep any of the deposit.

Small claims procedure covers county court cases up to $8,000, not counting costs, interest, and attorney's fees (Fla. Sm. Cl. R. 7.010(b)). Court information

Before filing, many tenants send a written demand first. Write a Florida demand letter →

• Since 2023, state law preempts local rules on residential tenancies, including security deposits (§ 83.425), so no city or county deposit rules apply.
• Notices under § 83.49 may be delivered by mail or e-mail as allowed by § 83.505.
• Deposits carry over to a new owner, who must account for them; a renewal is treated as a new rental agreement.

• Fla. Stat. § 83.49 Retrieved October 11, 2026.
• Fla. Stat. § 83.491 (fee in lieu of security deposit) Retrieved October 11, 2026.
• Fla. Stat. § 83.425 (preemption) Retrieved October 11, 2026.
• Florida Small Claims Rules (July 1, 2026), Rule 7.010 Retrieved October 11, 2026.

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.