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Security Deposit Laws in Florida

By Tenant Know-How Editorial TeamLast updated 4 min read
Florida Security Deposit Law at a Glance
Return Deadline
15 days
after move-out
Maximum Deposit
No cap
under state law
Itemization of Deductions
Required
Interest on Deposit
Not required
If held in interest-bearing account, tenant gets 75% of interest or 5% annually.
Statute: Fla. Stat. § 83.49

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

Under Fla. Stat. § 83.49, a landlord in Florida has 15 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.

Important Florida-specific details

15 days if no deductions; 30 days if landlord claims deductions (with written notice by certified mail within 30 days).

What happens if the landlord misses the deadline in Florida?

Missing the deadline has real consequences for landlords in Florida. Under the statute, the penalty is: Tenant can recover full deposit plus attorney's fees if landlord fails to give timely written notice.

In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 15 days, you likely have a strong case in small claims court.

What can the landlord legally deduct from your deposit in Florida?

Florida law generally allows landlords to deduct for:

  • Unpaid rent
  • Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
  • Cleaning costs, if the unit is left noticeably dirtier than at move-in
  • Breach-of-lease costs, such as early termination fees where legally permitted

Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.

Calculator: check your deposit situation

Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.

Security Deposit Return Calculator

Find out when your landlord must return your deposit and what they're legally allowed to deduct.

FL
Florida Law
Fla. Stat. § 83.49
Return Deadline
15 days after move-out
Max Deposit
No statutory cap
Itemization
Required
Interest
Not required
Florida Notes
15 days if no deductions; 30 days if landlord claims deductions (with written notice by certified mail within 30 days).
Informational only — not legal advice. Verify with the cited statute or a local attorney.

What to do if your landlord won't return your deposit in Florida

  1. Send a demand letter by certified mail. Cite Fla. Stat. § 83.49 and the amount owed. Keep a copy and the delivery receipt.
  2. Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
  3. File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
  4. Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.

For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.

Florida Security Deposit FAQ

How long does a landlord have to return a security deposit in Florida?
In Florida, landlords must return the security deposit within 15 days of the tenant moving out, per Fla. Stat. § 83.49. They must either return the full deposit or provide an itemized statement of any deductions.
What is the maximum security deposit a landlord can charge in Florida?
Florida does not have a statutory cap on security deposits. Landlords can charge any amount, though market norms typically keep deposits to 1-2 months' rent.
What happens if my landlord doesn't return my deposit on time in Florida?
In Florida, the penalty for wrongfully withholding a security deposit is: Tenant can recover full deposit plus attorney's fees if landlord fails to give timely written notice. You can sue in small claims court to recover the deposit plus the statutory penalty.
Does my landlord in Florida have to pay interest on my security deposit?
No. Florida does not require landlords to pay interest on security deposits.
Does my landlord have to itemize deductions from my deposit in Florida?
Yes. Florida law requires landlords to provide an itemized statement of any deductions made from your security deposit.