Florida Security Deposit Statute

The main Florida security deposit statute is Florida Statutes section 83.49. It sets the deposit-holding options, written disclosure rules, the 15-day no-claim return rule, the 30-day claim-notice rule, and the tenant's 15-day written objection window.

Section 83.49(1): how deposit money is held

Florida gives landlords statutory holding options. The deposit may be held in a separate non-interest-bearing Florida account, a separate interest-bearing Florida account, or through a statutory surety bond. The statute also restricts commingling and use of the money before it is due to the landlord.

Section 83.49(2): written holding disclosure

Florida generally requires written information about how and where the deposit or advance rent is being held. This disclosure can be in the lease or provided within 30 days after receipt. The disclosure rule has a fewer-than-five-units exception, so do not treat that exception as a blanket exemption from every deposit rule.

Section 83.49(3): return, claim notice, objection, and court action

This is the core dispute section. If the landlord does not intend to impose a claim, the deposit and required interest are generally due within 15 days after termination after the tenant vacates.

If the landlord intends to impose a claim, the landlord must send written notice within 30 days after termination. The notice is sent by certified mail to the tenant's last known mailing address, or by email if Florida's electronic-notice rule applies.

If the tenant receives a claim notice and disagrees, the tenant has 15 days after receipt to object in writing. If a court action is filed to decide the right to the deposit, Florida includes a prevailing-party court-costs and reasonable-attorney-fee rule.

Section 83.49(5): early-vacating notice

In some early-vacating or abandonment situations, Florida requires at least 7 days' written notice before leaving and an address where the tenant may be reached. Missing that notice can affect the landlord's claim-notice duty, but does not automatically waive the tenant's right to the deposit or part of it.

For official court forms and landlord/tenant resources, see the Florida Courts landlord/tenant forms and resources page. Local filing steps, fees, and procedures can still vary, so confirm current instructions with the clerk before filing.

Plain-English guides for these procedures

• Florida 15-day and 30-day deadline guide
• What to do if your Florida deposit is not returned
• Florida move-out checklist
• Florida security deposit demand letter

The free guide above explains the Florida statute. The paid system gives you the Florida-specific letters in order, so you are not guessing what to send next.

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