Florida Security Deposit Law: 15 Days to Return It, 30 Days to Claim It
If your landlord does not intend to keep any of your deposit, it must be returned within 15 days after the lease ends. To keep any of it, the landlord must send written notice of the claim by certified mail or e-mail within 30 days (Fla. Stat. §83.49(3)(a)).
A landlord who misses the 30-day notice loses the right to make a claim on the deposit, though they can still sue for damages after returning it.
You have 15 days after receiving a claim notice to object in writing. Either way, the landlord must send the balance within 30 days of the notice date (§83.49(3)(b)).
The two deadlines that matter
Florida’s security deposit rules are in section 83.49 of the Florida Statutes (2026 edition). The clock starts when the rental agreement ends.
| Situation | Landlord’s deadline | Statute |
|---|---|---|
| No claim on the deposit | Return the full deposit (plus any interest owed) within 15 days | §83.49(3)(a) |
| Wants to keep some or all of it | Send written notice of the claim and the reason within 30 days, by certified mail to your last known mailing address or by e-mail as allowed under §83.505 | §83.49(3)(a) |
| Misses the 30-day notice | Loses the right to impose a claim on the deposit; may sue for damages only after returning the deposit | §83.49(3)(a) |
Work out your exact dates with the deposit deadline calculator
What the claim notice must say
The statute gives the wording: the amount claimed, the reason, that it is sent as required by s. 83.49(3), and that you must object in writing within 15 days after receiving it or the landlord will be authorized to deduct the claim. It must also give the address where you send your objection.
Your 15-day objection window
If you do not object within 15 days after you receive the notice, the landlord may deduct the claim and must send you the balance within 30 days after the date of the notice (§83.49(3)(b)). Not objecting in time does not waive your right to sue separately for damages.
If either side goes to court over the deposit, the winner is entitled to court costs plus a reasonable attorney’s fee, and the court must advance the case on its calendar (§83.49(3)(c)).
Where your deposit must be held
While you rent, the landlord must do one of three things (§83.49(1)):
| Option | Interest to you |
|---|---|
| Separate non-interest-bearing account in a Florida financial institution | None |
| Separate interest-bearing account in a Florida financial institution | At least 75% of the account’s annualized average rate, or 5% simple interest a year, whichever the landlord elects |
| Surety bond filed with the circuit court clerk | 5% simple interest a year |
The landlord may not mix deposit money with its own funds or use it until it is actually due. A landlord with five or more rental units must tell you in writing, in the lease or within 30 days of receiving the deposit, where it is held and whether you earn interest (§83.49(2)).
Is there a maximum deposit?
Section 83.49 does not set a maximum amount for a security deposit. It regulates how the deposit is held and returned.
Notice periods to end a lease without a fixed term
Under §83.57, either side can end a tenancy with no fixed end date by written notice:
| Rent period | Minimum notice |
|---|---|
| Month to month | 30 days before the end of a monthly period |
| Quarter to quarter | 30 days before the end of a quarterly period |
| Year to year | 60 days before the end of an annual period |
| Week to week | 7 days before the end of a weekly period |
For unpaid rent, the landlord may end the agreement if the rent is still unpaid 3 days after a written demand, not counting Saturday, Sunday and court-observed legal holidays (§83.56(3)).
Month-to-month notice periods in 8 states
Common questions
Q. Do I need to give my landlord a forwarding address?
A. Yes, in practice. The claim notice goes to your last known mailing address, and the disclosure the statute requires landlords to give says you must provide your new address so notices about the deposit reach you.
Q. The landlord sent the claim notice on day 35. Can they still keep my deposit?
A. No claim may be imposed if the written notice was not given within 30 days; the landlord must return the deposit and can only sue for damages afterwards (§83.49(3)(a)).
Q. Can I be charged for normal wear and tear?
A. Section 83.49 sets the notice-and-objection procedure rather than listing what may be deducted. If you disagree with a claim, object in writing within 15 days and keep move-in and move-out photos as evidence.
Statutes (official text): Fla. Stat. §83.49 (Deposit money or advance rent) · Fla. Stat. §83.56 (Termination of rental agreement) · Fla. Stat. §83.57 (Tenancy without specific term)
This page explains the statute in general terms and is not legal advice. Local ordinances, your lease and court decisions can add rules. Found an error or a law change? Tell us.