Florida Security Deposit Law: What Landlords Get Wrong

Your tenant moved out last Tuesday. The place needs cleaning, there's a hole in the drywall behind the bedroom door, and you're pretty sure that carpet stain wasn't there when they moved in. You're holding $1,800 in security deposit funds. Can you keep some of it? All of it?

The answer depends entirely on whether you follow Florida Statute 83.49 to the letter. Most Orlando landlords don't — not because they're trying to cheat anyone, but because the deadlines are shorter than you'd expect and the rules are more specific than "just keep what's fair."

What is Florida's security deposit law?

Florida's security deposit law is Florida Statute 83.49. It governs how a landlord must hold a deposit, what can be deducted, and the exact deadlines to return it or claim against it. You have 15 calendar days to return the full deposit if you make no deductions, or 30 calendar days to send an itemized claim by certified mail if you withhold anything.

Miss either deadline and you forfeit your right to the money — plus you can be on the hook for the tenant's attorney's fees. That's not a guideline. It's the statute. The rest of this guide breaks down storage, deductions, the timeline, and the disputes that turn a $1,800 deposit into a $5,000 loss.

How do you store a security deposit in Florida?

Florida Statute 83.49(1) gives you three legal ways to hold a deposit, and you must pick one: a separate non-interest-bearing account at a Florida financial institution, a separate interest-bearing account at a Florida institution, or a surety bond posted with the clerk of the circuit court in the property's county.

1. Non-interest-bearing account. What most landlords use. Simple — no interest math, no complications.
2. Interest-bearing account. The tenant is entitled to at least 75% of the account's annualized average interest rate, or 5% simple interest per year — you choose at the start of the tenancy.
3. Surety bond. The bond must equal the total deposits held, and you owe the tenant 5% simple interest per year.

Here's what trips people up: you must notify the tenant in writing within 30 days of receiving the deposit, naming the bank, the account type, and whether it's interest-bearing. One exception — if you own fewer than five rental units in Florida, the statute exempts you from that 30-day disclosure. We still recommend doing it: it takes five minutes and removes an argument a tenant could use against you later.

What can you deduct from a security deposit in Florida?

Florida law lets you deduct from a security deposit for unpaid rent, damage beyond normal wear and tear, cleaning to return the unit to its move-in condition, lease violation costs, and early termination fees if the lease includes them. You cannot deduct for normal wear and tear — and Florida courts have been specific about where that line falls.

In Burley v. Mateo (Broward County, 2011), the court ruled that carpet cleaning, general house cleaning, and interior painting after a tenancy were normal wear and tear — not deductible. Scuffed baseboards after two years? Wear. Faded paint near sun-hit windows? Wear. A worn carpet path from the front door? Wear. Small nail holes? Wear.

What you can charge for: a fist-sized hole in a wall, pet urine soaked into the subfloor, broken windows, burn marks on countertops, or a unit left far past "needs a good cleaning." Courts also prorate. If a four-year tenant lived on carpet that was already three years old, you don't get to bill for brand-new carpet — the carpet had seven years of use against a 10-year lifespan. Document everything: a timestamped, tenant-signed move-in inspection is the difference between winning and losing. Our Florida move-in inspection checklist shows how to build that baseline, and proper tenant screening reduces the disputes in the first place.

What are the exact security deposit deadlines in Florida?

Florida's deposit deadlines run on a "15-30-15" rule. You have 15 calendar days to return the full deposit with no deductions, 30 calendar days to mail an itemized claim notice if you're deducting, and the tenant then has 15 days to object in writing.

No deductions — 15 days. Return the full deposit within 15 calendar days of the tenant vacating and returning keys. Calendar days, not business days. Tenant moves out March 1? The deposit must be in their hands or postmarked by March 16.

Claiming deductions — 30 days. Send written notice by certified mail within 30 calendar days. The notice must state your intent to impose a claim, list every deduction with a specific dollar amount, and tell the tenant they have 15 days to object. "General cleaning and repairs — $800" won't survive. You need: "$175 professional carpet cleaning (receipt attached). $340 drywall repair, master bedroom (invoice attached)." That level of detail.

Tenant response — 15 days. Once the tenant receives the notice, they have 15 days to object in writing. No timely objection means you may keep the claimed amount and must return the balance within 30 days of your notice date. Miss your 30-day window, though, and you lose every penny — even if the place looked like a demolition site. As of July 2025, landlords and tenants can agree to electronic notices under HB 615, but only with a signed written consent addendum under Florida Statute 83.505. Without that addendum, certified mail is still the only delivery that counts.

What happens if a tenant disputes a security deposit claim?

If the tenant objects in writing within the 15-day window, the disputed money is effectively frozen and you have three options. The statute doesn't mandate a next step, so it's on you to choose.

1. Negotiate. Often a tenant objects to one line item, not all of them. Splitting the difference is the cheapest, fastest outcome.
2. Wait. You hold the deposit and let the tenant decide whether to sue. The catch most landlords miss: a tenant has up to five years to file suit over the disputed amount.
3. File first. Take it to small claims yourself. In Orange County that's the downtown Orlando courthouse or a branch location, or Florida's e-filing portal. Filing fees run about $175 for claims of $500–$2,500 and $300 for $2,500–$8,000.

Most deposit disputes never reach a courtroom — a well-documented claim with photos, receipts, and a signed move-in report usually ends the argument. The landlords who lose are the ones who skipped documentation or missed a deadline. And because the losing side pays the winner's attorney's fees, getting the paperwork right matters more than being "right" about the damage. Our guide to small claims court for Florida landlords walks the filing process, and Florida’s consumer agency FDACS publishes a plain-language overview of the deposit rules.

What is the monthly fee alternative to a security deposit?

Florida Statute 83.491, effective July 1, 2023, lets a landlord offer a tenant a nonrefundable monthly fee instead of a traditional lump-sum security deposit. You offer it (you can't require it), the tenant agrees in writing, and they pay a recurring fee for the lease term. If they cause damage or skip rent, you claim against the fee arrangement.

It's still new enough that most Orlando landlords haven't adopted it. The upside is real — lower move-in cost means faster lease-ups and a bigger applicant pool. The downside is the claims process can add a layer between you and your money. Our guide to recent Florida rental law changes covers 83.491 alongside the other 2023–2026 updates.

What are the most common Florida security deposit mistakes?

The same handful of errors costs landlords deposits they should have kept:

1. Spending the deposit. It isn't your money until the tenant moves out and you've followed the claims process. Using it for a mid-lease mortgage shortfall is a violation — if the tenant demands it back, you owe it immediately.
2. Sending the claim notice late. Day 31 is too late. No grace period, no exceptions. Set two calendar reminders the day the tenant gives notice.
3. Not itemizing deductions. Every charge needs a specific description, a dollar amount, and a receipt or estimate attached.
4. No move-in documentation. Without photos and a signed condition report, you have almost nothing to base deductions on — and judges know it.
5. Charging for normal wear and tear. Repainting after a long tenancy or replacing already-aged carpet isn't deductible.

Next steps

Florida's security deposit law isn't complicated once you know the deadlines and the paperwork. But it's unforgiving if you're sloppy. One missed deadline, one vague deduction, one missing move-in photo, and you're writing a check for the full deposit plus the tenant's legal fees.

A lot of the Orlando landlords we work with came to us after a deposit dispute that cost more than the deposit itself. If you own one rental and you'd rather have someone handle the deposit process correctly from day one — move-in inspections, compliant storage, timely notices, itemized claims — that's exactly what we do. We manage single properties too; you don't need a portfolio to get it right. Get a free rental analysis and we'll show you where your property stands.

Frequently asked questions

What is the Florida security deposit law?

Florida’s security deposit law is Florida Statute 83.49. It governs how a landlord must hold a deposit, what can be deducted, and the deadlines to return it. A landlord has 15 calendar days to return the full deposit with no deductions, or 30 calendar days to send an itemized claim by certified mail.

How long does a Florida landlord have to return a security deposit?

A Florida landlord has 15 calendar days after the tenant vacates to return the full deposit if no deductions are made. If the landlord intends to keep any of it, an itemized written claim must be sent by certified mail within 30 calendar days under Florida Statute 83.49(3).

What can a landlord deduct from a security deposit in Florida?

A Florida landlord can deduct for unpaid rent, damage beyond normal wear and tear, cleaning to restore move-in condition, lease violation costs, and early termination fees if the lease includes them. Normal wear and tear — faded paint, worn carpet traffic lanes, small nail holes — cannot be deducted.

What happens if a Florida landlord misses the 30-day deposit deadline?

If a landlord fails to send the itemized claim notice within 30 calendar days of the tenant vacating, the landlord forfeits the entire deposit under Florida Statute 83.49(3) — even for legitimate damage — and may also owe the tenant’s attorney’s fees if the tenant sues.

How must a landlord hold a security deposit in Florida?

Florida Statute 83.49(1) gives three options: a separate non-interest-bearing account at a Florida institution, a separate interest-bearing account, or a surety bond posted with the clerk of the circuit court. Landlords with five or more units must disclose the holding details in writing within 30 days.

How long does a tenant have to object to a deposit claim in Florida?

After receiving the landlord’s written claim notice, a Florida tenant has 15 days to object in writing. If the tenant does not object within that window, the landlord may keep the claimed amount and must return any balance within 30 days of the notice date.

Can a Florida landlord charge a nonrefundable fee instead of a deposit?

Yes. Florida Statute 83.491, effective July 1, 2023, lets a landlord offer a tenant a nonrefundable monthly fee in lieu of a traditional security deposit. The landlord must offer it rather than require it, and the tenant must agree to it in writing.