Security Deposit and Damage Deposit Rules for Florida Renters

Understanding your rights about deposits is key to protecting your money when renting in Florida. Many renters hear terms like “security deposit” and “damage deposit” but may not know how they differ — or what Florida law really requires. This guide walks you through the essentials under Florida Statutes Section 83.49 so you can move in, live, and move out with confidence.

Florida Deposits: Security vs. Damage Explained

Under Florida law, a security deposit is a sum of money a landlord can ask for to cover unpaid rent, damage (beyond normal wear and tear), cleaning, or other lease violations. While “damage deposit” is sometimes listed separately in lease language, Florida law treats both concepts as a security deposit. There is no separate category for “damage deposits” in Florida statutes.

Key Rules for Security Deposits in Florida

• No state cap: Florida does not set a statewide maximum for security deposits. Amounts vary by landlord.
• Deposit handling: Landlords must hold deposits in a separate account or post a surety bond. Written notice of where your deposit is held must be provided within 30 days of receipt.
• Uses: The deposit may cover unpaid rent or damages, but not normal wear and tear.
• Return timeline: Landlords have 15 days to return your full deposit after you move out if there are no deductions, or 30 days to give you written notice if they plan to keep any part of it.

Difference between Security and Damage Deposits

In Florida, what’s often labeled as a “damage deposit” is covered under the same rules as a security deposit. Regardless of the label in your lease, the protections and requirements remain the same under the law.

• Any deposit meant to cover damages, cleaning, or unpaid rent is a security deposit by law.
• Landlords cannot create new or extra rules just by renaming the deposit in your lease.

Deposit Return Process: Your Rights and Steps

If your landlord intends to keep any part of your deposit, they must send you written notice by mail within 30 days of move-out, listing specific reasons and costs. If you disagree, you have 15 days from receiving the notice to object in writing. If you don’t object, your landlord can make the deductions and return any balance.

Relevant Official Forms for Florida Renters

• Move-Out Notice (no state form): While Florida does not require a specific move-out notice form, you should always provide written notice according to your lease and keep a copy. Use the mailing address in your lease or on file with your landlord.
• Security Deposit Dispute Letter (sample template): If you contest deductions, send a written objection to your landlord’s stated address. There is no official form number, but your letter should include:
  • Your name and new address
  • Rental address
  • Move-out date
  • Specific reasons you dispute deductions
  • Signature and date

  See sample formats from the Florida Attorney General’s Landlord/Tenant resources.

Where to Get Help

Deposit disputes are handled in county court or, for larger conflicts, through Florida’s circuit courts. For initial help and mediation, start with your local county court or contact the Florida Department of Business and Professional Regulation (the state’s main housing authority). See also: State Courts Mediation Services.

FAQ: Florida Renters and Deposits

1. What’s the difference between a security deposit and a damage deposit in Florida?
   Both are regulated the same under Florida law — any deposit for damages, cleaning, or unpaid rent is protected as a security deposit.
2. Is there a maximum security deposit a landlord can charge in Florida?
   No. Florida law sets no statewide maximum. However, local rules or fair housing guidelines may apply.
3. How long does my landlord have to return my deposit?
   Within 15 days if there are no deductions, or 30 days’ notice if deductions apply. You have 15 days to object in writing if you disagree.
4. Can my security deposit pay for normal wear and tear?
   No. Landlords can only deduct for damages or unpaid obligations beyond normal wear and tear.
5. How do I object if I disagree with my landlord’s deductions?
   Send a written objection within 15 days of receiving your landlord’s notice, by mail, to the address provided.

Need Help? Resources for Renters

• Florida Attorney General’s Landlord/Tenant Law Guide
• Florida Department of Business and Professional Regulation (DBPR) — housing complaints and mediation assistance
• Florida Courts Mediation Services — affordable dispute mediation
• Florida Statutes Ch. 83 — Security Deposit Rules
• Local Legal Aid — check with your county’s legal aid office for hands-on support

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1. Florida Residential Landlord and Tenant Act, Section 83.49
2. Florida Attorney General – Landlord/Tenant Law
3. Florida Department of Business and Professional Regulation (DBPR)
4. Florida Courts Mediation Services

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