Breaking a Lease in Florida

Florida Security Deposit Law — Limits & Deadlines (2026)

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide explains florida security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from Florida law, verified as of June 2026.

Florida Security Deposit Rules at a Glance

Maximum deposit No state maximum. Florida law does not cap the amount a landlord can charge as a security deposit. Local municipalities may set their own limits, so tenants should check local ordinances.
Return deadline 15 days if the landlord does not intend to make any deductions (full refund). 30 days if the landlord intends to claim deductions — the landlord must send a written Notice of Intention to Impose Claim on Security Deposit by certified mail within 30 days of the tenant vacating.
Itemized deductions required YES. Under Florida Statute 83.49, the landlord must send a written notice by certified mail within 30 days of move-out that includes a description of the specific damages or charges being deducted. The notice must contain exact statutory language prescribed by law. Email, text message, regular mail, or in-person delivery do NOT satisfy this requirement — only certified mail is valid. If the landlord fails to send this itemized notice within 30 days, the landlord forfeits the right to make any claim against the deposit.
Interest on deposit required YES, depending on how the landlord holds the deposit. Florida Statute 83.49 gives the landlord three options: (1) a separate non-interest-bearing account in a Florida banking institution — no interest owed to tenant; (2) an interest-bearing account in a Florida banking institution — landlord must pay the tenant either 5% simple interest per year OR 75% of the annualized average interest rate, whichever the landlord chooses, paid directly to the tenant or credited toward rent at least once annually; (3) a surety bond posted with the clerk of the circuit court — landlord must pay the tenant 5% simple interest per year. The landlord must notify the tenant in writing within 30 days of receiving the deposit which method is being used, including the bank name and address.
Penalty for late/bad-faith return If the landlord fails to return the full deposit within 15 days (no deductions) or fails to send the required certified-mail notice of claim within 30 days (with deductions), the landlord forfeits the right to make any claim on the deposit and must return the full amount. In a court action over the deposit, the prevailing party is entitled to court costs plus reasonable attorney fees — Florida courts regularly award attorney fees that exceed the deposit amount itself. There is no automatic double or triple damages penalty in Florida, but the forfeiture of all claims plus mandatory attorney fees for bad-faith retention serves as the primary penalty.

Move-in/move-out walkthrough: NO. Florida law does not require a move-in or move-out walkthrough inspection. However, tenants are strongly advised to document the condition of the unit with photos and written notes at both move-in and move-out. If the lease includes a walkthrough clause, the landlord is contractually bound to honor it. Conducting a walkthrough is considered best practice and can be critical evidence in a deposit dispute.

Separate deposit account: YES. Under Florida Statute 83.49, the landlord must hold the security deposit in one of three ways: (1) a separate non-interest-bearing account in a Florida banking institution, (2) a separate interest-bearing account in a Florida banking institution, or (3) a surety bond posted with the clerk of the circuit court in the county where the rental property is located.

The deposit must NOT be commingled with the landlord’s personal or business operating funds. Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of the bank name, bank address, whether the account is interest-bearing or non-interest-bearing, and the account type.

What Your Landlord Can and Cannot Deduct in Florida

Under Florida law, a landlord may deduct for: unpaid rent or rent owed through the end of the lease term; damage to the premises beyond normal wear and tear caused by the tenant, the tenant’s family, or guests; cleaning costs necessary to restore the unit to its condition at move-in (beyond normal wear and tear); early lease termination costs if the tenant broke the lease; and any other specific charges outlined in the lease agreement.

The landlord may NOT deduct for normal wear and tear.

Normal wear and tear vs damage: Florida law does not provide a precise statutory definition of normal wear and tear, but courts generally define it as the natural deterioration of a property that occurs over time due to regular, intended use. Examples of normal wear and tear include: faded or slightly chipped paint from sunlight, minor scuffs or small nail holes in walls, gently worn carpet in high-traffic walkways, loose door hinges or handles from regular use, gradual discoloration of bathroom or kitchen fixtures, and minor fading of window treatments.

Examples of tenant damage (NOT normal wear and tear) include: large holes in walls, broken windows, missing fixtures or appliances, heavily stained/burned/torn carpeting, unauthorized paint colors, pet damage, and water damage from tenant negligence.

How to Get Your Deposit Back in Florida

If a tenant receives a Notice of Intention to Impose Claim, the tenant has 15 days from receipt to object in writing. If the tenant does not object within 15 days, the landlord may deduct the claimed amount. If the tenant does object, the landlord must either return the disputed portion or file a lawsuit.

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To dispute wrongful deductions or non-return of a deposit, tenants may: (1) Send a written demand letter to the landlord by certified mail requesting return of the deposit and documenting the dispute. (2) File a claim in Florida small claims court (handles disputes up to 8000) in the county where the rental property is located.

Filing fees range from 55 to 300 depending on the claim amount. (3) Many tenants handle small claims cases without an attorney, as the process is designed to be accessible. (4) The prevailing party in a deposit lawsuit is entitled to court costs and reasonable attorney fees under Florida Statute 83.49. Tenants should gather evidence including the lease, move-in and move-out photos, the landlord’s notice, and any correspondence.

Other Florida deposit rules: Florida requires all security deposit claim notices to be sent by certified mail — no other delivery method is legally valid. The notice must include specific statutory language prescribed by Section 83.49(3); paraphrasing or omitting this language may void the landlord’s claim.

Florida also offers a newer alternative under Statute 83.491 that allows landlords to offer a non-refundable fee in lieu of a traditional security deposit, though tenants cannot be required to choose this option.

Florida landlords who manage 5 or more units must comply with the notification and account requirements of 83.49; however, the statute applies to all residential landlords regardless of portfolio size. The tenant’s 15-day objection window after receiving a claim notice is critical — failure to object in writing may waive the right to contest deductions.

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Official Florida Sources & Resources

Understanding Florida Security Deposit Law

Your Florida security deposit is your money until the landlord proves a lawful deduction. Florida security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the Florida security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.

Document the condition of your unit at move-in and move-out — photos are the best protection for your Florida security deposit.

This Florida security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.

More Florida Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.