Florida Security Deposit Statute

Florida Statutes section 83.49 controls the ordinary security-deposit process. Section 83.505 supplies the newer, conditional email-notice route.

Section 83.49(1): holding the money

The landlord may use a separate non-interest-bearing account, a separate interest-bearing account, or a qualifying surety bond. The statute restricts commingling and use of the money before it becomes due.

For an interest-bearing account, the tenant generally receives at least 75% of the annualized average account rate or 5% simple interest, at the landlord's election. The bond option generally carries 5% simple interest.

Section 83.49(2): disclosure

The rental agreement or a written notice generally identifies the depository or bond and whether the tenant receives interest. The notice is generally due within 30 days after receipt of the money. Subsection (2) does not apply to a landlord renting fewer than five individual dwelling units.

The required disclosure also tells the tenant to provide a new address at move-out so deposit notices can be sent.

Section 83.49(3): return and claims

No claim means return of the deposit and any required interest within 15 days after termination after the tenant vacates.

A claim means written notice within 30 days after termination, stating the claim and reason in substantially the statutory form. The notice uses certified mail to the last-known mailing address or qualifying email under section 83.505.

The tenant has 15 days after receipt to object in writing. Without a timely objection, the landlord may deduct the claim and must remit the remaining balance within 30 days after the claim notice. Missing the objection deadline does not waive a later refund suit.

If the landlord misses the 30-day claim-notice deadline, the landlord loses the deposit setoff but may bring a separate damages action after returning the deposit.

Section 83.505: conditional email notice

Email is available only after the parties sign the statute's voluntary electronic-notice addendum and designate valid addresses. Either party may revoke or update the election in writing.

A qualifying email is delivered when sent unless it is returned as undeliverable. The sender must retain the notice and transmission evidence. Other legally permitted delivery methods remain available.

Section 83.49(5): seven-day tenant notice

Unless a written rental agreement provides otherwise, certain tenants leaving early and tenants ending periodic tenancies must give at least seven days' written notice by certified mail or personal delivery before leaving. The notice includes an address where the tenant can be reached.

Failure can relieve the landlord of subsection (3)(a)'s notice requirement, but it does not waive the tenant's right to the deposit.

Sections 83.48 and 83.49(3)(c): court costs and fees

Florida has prevailing-party court-cost and reasonable-attorney-fee provisions for covered civil actions. The result depends on the action, judgment, and applicable facts; it is not an automatic pre-suit payment.

Official sources

• Florida Statutes § 83.49
• Florida Statutes § 83.505
• Florida Statutes § 83.48
• Laws of Florida, Chapter 2025-16

Want the shorter path?

The state-specific Recovery System lays out what to do and gives you the send-ready Recovery Letters. You complete everything privately on your own device and move forward.

Important: This page provides general information and is not legal advice.