For landlords
Handling security deposits as a Florida landlord
Section 83.49 makes a Florida landlord hold deposit money in a separate Florida bank account, or post a surety bond, and never mix it with operating funds. After the tenant moves out, you have 15 days to return the deposit or 30 days to send a written claim by certified mail, and missing the 30-day notice forfeits your right to deduct anything. The claim notice uses wording the statute prescribes, so copy it exactly.
Updated Last checked 4 min read
Quick answer
- Separate Florida bank account, interest-bearing or not, or a surety bond with the clerk.
- If you rent five or more units, give the deposit notice within 30 days of collecting.
- After move-out: return within 15 days, or send a claim within 30 days by certified mail.
- Miss the 30-day claim notice and you can't deduct. You can still sue for damage.
- The tenant's 15 days to object start when they receive your notice.
On this page
Where the money has to sit
| Option | How it works | Interest to the tenant |
|---|---|---|
| Non-interest-bearing account | A separate account at a Florida bank, held for the tenant | None |
| Interest-bearing account | A separate account at a Florida bank | At least 75% of the annualized average rate, or 5% a year simple, your choice |
| Surety bond | Filed with the circuit court clerk in the county of the rental, for the deposits held or $50,000, whichever is less | 5% a year simple |
With either account, you can't commingle the deposit with your own money or pledge it, until it is due to you. Advance rent can move to your account when the rental period it covers begins. A landlord renting in five or more counties can file a single bond with the Secretary of State instead.
The notice after you collect it
Within 30 days of receiving a deposit or advance rent, or in the lease itself, section 83.49(2) requires a written notice. It names the bank and its address, or says a bond was posted, says whether the tenant earns interest, and includes the statute's disclosure that begins "YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS." If you later move the money, tell the tenant within 30 days.
This notice is required of landlords with five or more units. Owners with fewer often put it in the lease anyway, which costs nothing and answers the question before it's asked.
After move-out: two clocks
Step 1: Inspect and document, same day if you can
Photos and video of every room, matched against the move-in report. Damage, not wear and tear, is what you can claim.
Step 2: No claim? Return it within 15 days
The full deposit, with any interest owed, within 15 days after the tenant vacates at the end of the lease.
Step 3: Claiming? Send notice within 30 days
By certified mail to the tenant's last known mailing address, or by email under a signed section 83.505 addendum. State the amount and reason in the statute's wording.
Step 4: Wait 15 days for an objection
The tenant has 15 days from receiving the notice to object in writing.
Step 5: Deduct and send the balance
With no timely objection, take the claim and send the remainder within 30 days after the date of your notice.
This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to ___. 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 from the time you receive this notice or I will be authorized to deduct my claim from your security deposit.
The statute's notice also has to tell the tenant where to send the objection, so add your address. Itemize the claim, line by line, with photos and invoices ready. A vague "cleaning and repairs, $1,200" is the kind of claim that loses.
What a missed deadline costs
If the 30-day claim notice doesn't go out on time, you forfeit the right to impose a claim on the deposit. You can still sue the tenant for damage after returning the deposit, but you've lost the easy route.
In any court action over the deposit, the winner collects court costs and a reasonable attorney's fee. A $300 dispute that goes to court can cost the losing side far more than $300.
- Tenant moves out
- June 30
- Claim notice sent by certified mail
- July 12, for $650: a door replaced, $410, and carpet stain removal, $240
- Tenant receives it
- July 15. Objection window runs to July 30.
- No objection
- Balance of $1,750 sent by August 11, within 30 days of the notice
Selling, and the fee alternative
Sell the rental and the deposit goes with it. Section 83.49(7) has you transfer it, with interest owed and an accounting, to the new owner or agent. Since 2023, section 83.491 also lets you offer a monthly fee in place of a deposit, but if you offer it at a property you have to offer it to every new tenant there, with the statute's disclosures.
Questions people ask
How long does a Florida landlord have to return a security deposit?
Fifteen days after the tenant moves out if there is no claim. If you intend to claim, send the written notice within 30 days by certified mail.
Can I keep the deposit in my regular bank account?
No. It has to sit in a separate account at a Florida bank, or be covered by a surety bond, and can't be mixed with your own funds.
What happens if I miss the 30-day deadline?
You forfeit the right to deduct from the deposit. You can still sue for damage after you return it.
Do I have to pay interest on a security deposit in Florida?
Only if you hold it in an interest-bearing account or post a surety bond. A separate non-interest-bearing account owes no interest.
For owners
Price it from signed leases, then list it on the MLS.
A licensed agent prices your rental from signed leases, lists it on the MLS and answers your questions within 1 hour, 8am to 9pm.
Questions first? Call 888-601-8344 or email hello@rentvana.com.
Words in this guide
Sources
- Florida Statutes, section 83.49: Deposit money or advance rent, duty of landlord and tenantleg.state.fl.us
- Florida Statutes, section 83.491: Fee in lieu of security depositleg.state.fl.us
- Florida Statutes, section 83.505: Electronic delivery of noticesleg.state.fl.us
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
Questions?
Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm.