Florida Security Deposit Laws: Tenant Rights and Protections

Understanding your rights as a renter in Florida can help you safeguard your security deposit and prevent unfair deductions. Florida has specific laws and procedures that landlords and tenants must follow regarding security deposits—including strict timelines, written notices, and allowable deductions. This guide will help you navigate these rules so you know what to expect before, during, and after your tenancy.

What Is a Security Deposit and Why Is It Collected?

A security deposit is money paid by a renter to a landlord at the start of a lease. It covers possible damages beyond normal wear and tear, unpaid rent, or breaches of the lease agreement. In Florida, there is no state law limiting the amount a landlord can charge as a security deposit, but the amount must be specified in the lease.

How Security Deposits Are Handled in Florida

Florida law regulates the way landlords must hold, return, and provide notice about security deposits to renters. Landlords must inform tenants in writing within 30 days of receiving the deposit about:

• Where and how the deposit is being held (e.g., bank account and interest details)
• The rate and timing of any interest payments (if applicable)
• Their rights regarding the return of the deposit

Landlords have three options for holding a deposit:

• In a non-interest-bearing account
• In an interest-bearing account (interest paid to the tenant annually and at the end of the lease)
• Post a surety bond and pay the tenant interest

Allowable Deductions and Returning Your Deposit

Landlords can deduct for:

• Unpaid rent
• Damage beyond normal wear and tear
• Other violations outlined in the lease agreement

However, they cannot deduct for regular maintenance or basic cleaning.

Timeline for Returning a Security Deposit

• The landlord has 15 days to return your full deposit if there are no deductions, or
• 30 days to mail you a written notice of any intended claim (with itemized deductions).
• You have 15 days to object to any claim after receiving the notice.

To protect your rights, provide your landlord with a forwarding address in writing when you move out.

Key Forms and Official Agencies

While Florida does not provide a standardized statewide form for security deposit disputes, renters can use a Written Objection to Landlord's Claim on Security Deposit (no official form number) to formally dispute deductions within 15 days.

• Form Name: Written Objection to Landlord’s Claim on Security Deposit
• When/How Used: If your landlord sends you a Notice of Intention to Impose a Claim on Security Deposit and you disagree with their deductions, you must send a written objection within 15 days from receipt of the notice. Example: "I object to the $150 cleaning charge; the apartment was professionally cleaned upon move-out. Please provide evidence of this deduction."
• See The Florida Bar's guidance on security deposit disputes

If you and your landlord cannot resolve the dispute, you may file a claim in your local Florida Small Claims Court.

The main body that handles residential tenancy issues in Florida is your local county court or the Florida State Courts System.

Relevant Legislation

• Florida Statutes Section 83.49 - Security Deposits
• Florida Residential Landlord and Tenant Act

Disputing and Recovering Your Security Deposit—Action Steps

Disagreements often happen at lease end, especially over cleaning fees or alleged damages. Here's what renters can do:

• Ask your landlord for a detailed written list of any deductions
• Send a timely written objection if you disagree
• File in small claims court if you can't resolve the dispute

FAQ: Security Deposits in Florida

1. How long does a landlord have to return a security deposit in Florida?
   Landlords must return the full deposit within 15 days after you move out if there are no deductions, or notify you of deductions within 30 days.
2. Can a landlord keep my security deposit for normal wear and tear?
   No, landlords cannot deduct for ordinary use or aging—only for damage beyond typical everyday usage.
3. What should I do if my landlord does not return my deposit?
   Send a written request for your deposit, and if they refuse or ignore you, you can file a claim in Florida Small Claims Court where you can represent yourself.
4. Are there limits on how much a landlord can charge as a deposit?
   No Florida law sets a maximum security deposit amount, but it must be reasonable and stated in the lease.
5. Do I get interest on my security deposit in Florida?
   It depends on how your landlord holds the deposit. If in an interest-bearing account, the landlord must pay you annual interest and provide details in writing.

Key Takeaways for Florida Renters

• Know your rights under Florida Statutes Section 83.49 when paying and reclaiming a security deposit
• Always request written explanations for any deductions and keep records
• Act promptly—respond to landlord notices within 15 days or pursue action in small claims court if needed

Being proactive and organized makes it easier to secure your money and settle disputes quickly.

Need Help? Resources for Renters

• The Florida Bar – Guide on Security Deposits
• Florida State Courts System – Find Your Local County Court
• Florida Department of Business & Professional Regulation – Landlord/Tenant Resource Page
• Local legal aid offices for free or low-cost assistance—search your county's legal aid service

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1. Florida Statutes Section 83.49 – Security Deposits
2. Florida Statutes Section 83.17 – Notice of Security Deposit
3. Florida Department of Business & Professional Regulation – Landlord/Tenant
4. Florida State Courts – Small Claims Info

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