SECURITY DEPOSITS · FLORIDA
Florida security deposit rules for landlords
In Florida, if you're keeping nothing, return the deposit within 15 days after the lease ends. If you're keeping any of it, send a written notice of claim by certified mail within 30 days, using the statute's wording. The tenant has 15 days to object. Miss the notice and you lose the right to deduct.
Florida's deposit law works differently from most states. Instead of one deadline, there are two paths — and the path where you keep money has a required notice, with required wording, sent a required way.
Source: Fla. Stat. § 83.49(3) · verified October 3, 2026
Path 1: You're keeping nothing
Return the full deposit (plus interest, if your arrangement requires it) within 15 days after the rental agreement ends. That's it.
Path 2: You're keeping some or all of it
- Send a notice of claim within 30 days after the rental agreement ends. A notice of claim must go by certified mail to the tenant's last known mailing address, or by e-mail only if the tenant agreed to e-mail notices under s. 83.505.
- Use the statute's wording. The notice must be in substantially this form:
This is a notice of my intention to impose a claim for damages in the amount of {amount} upon your security deposit, due to {reason}. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to {address}.
- Wait for the objection period. The tenant then has 15 days from receiving your notice to object in writing. If they don't, deduct your claim and send the balance within 30 days of the date of your notice.
The security deposit return letter tool switches to this notice automatically when you choose Florida and add a deduction, and fills in the amount, reasons, and your address.
If you miss the notice
Miss the 30-day notice and you forfeit the right to claim against the deposit. You'd have to return it in full and sue separately for damages.
This is the most expensive mistake in Florida deposit law, and it's entirely about timing and delivery — so count the days from the lease end, not from when you finish the inspection.
What you can deduct
Deductions must be for actual damage or charges the tenant owes, not ordinary wear. See normal wear and tear vs. damage for examples. Keep photos, receipts, and estimates for every line.
If it goes to court
If either side sues over the deposit, the winner is entitled to court costs and a reasonable attorney's fee. A clear move-in record, a timely notice, and receipts for every deduction are what win these cases.
Tenant's side: notice before leaving
Unless the written lease says otherwise, a Florida tenant who leaves before the lease term ends — or who rents month to month (or on another periodic basis) — must give at least 7 days' written notice by certified mail or personal delivery, including an address where they can be reached. If they don't, the statute relieves the landlord of the notice-of-claim requirement, though the tenant doesn't lose their right to the deposit itself. Because whether that exception applies depends on the facts, the safest course is to send the notice anyway.
A Florida move-out checklist
- Note the date the rental agreement ended — the clock starts there.
- Inspect with photos against your move-in record.
- Decide: full refund (15 days) or claim (30-day notice).
- If claiming, send the statutory notice by certified mail, keep the receipt.
- Wait for the objection period, then send the balance within 30 days of your notice.
- Keep copies of everything.
This guide covers Florida Statutes section 83.49 and was verified against the statute on October 3, 2026. It's general information, not legal advice.
Common questions
How long does a landlord have to return a security deposit in Florida?
15 days after the lease ends if the landlord isn't making a claim. If the landlord intends to keep part of it, they have 30 days to send a notice of claim by certified mail.
Does a Florida notice of claim have to be sent by certified mail?
Yes — by certified mail to the tenant's last known mailing address, or by e-mail only if the tenant agreed to receive notices by e-mail under section 83.505.
What if a Florida landlord misses the 30-day notice?
The landlord forfeits the right to impose a claim on the deposit and can't set off damages against it. They must return it and can file a separate lawsuit for damages.
General information, not legal or tax advice. Where we state a law, we link the statute and re-check it on a schedule; your city or county can add rules of its own.