Florida Security Deposit Rules for Landlords (§83.49)

Florida’s security deposit rules are in §83.49 of the Florida Statutes. A landlord must hold the deposit in a separate Florida bank account or behind a surety bond, tell the tenant in writing where it is, and at move-out either return it within 15 days or send a written claim within 30 days. Missing the 30-day notice costs the landlord the right to take anything from the deposit.

Where must a Florida landlord hold a security deposit?

§83.49(1) gives three options for security deposits and for advance rent beyond the next rental period:

1. A separate non-interest-bearing account “in a Florida financial institution for the benefit of the tenant or tenants.” The landlord “shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord.”
2. A separate interest-bearing account at a Florida financial institution. The tenant then receives “at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects.”
3. A surety bond filed with the clerk of the circuit court in the county where the home is, for the total deposits held or $50,000, whichever is less. The landlord must also pay the tenant 5% simple interest per year. A landlord renting in five or more counties may post one bond with the Secretary of State instead, capped at $250,000.

A “Florida financial institution” is defined in §83.43(7) as a bank, credit union, trust company, savings bank or thrift authorized to do business in Florida whose deposits are insured by the FDIC or the National Credit Union Share Insurance Fund. Where interest is owed, §83.49(9) requires it to be paid or credited against rent at least once a year.

What written notice does the tenant get?

Under §83.49(2), the landlord must, “in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant.” The notice must be delivered in person, by mail or by email under a signed §83.505 addendum. It must:

• State the name and address of the bank holding the deposit, or that the landlord has posted a surety bond.
• State whether the tenant is entitled to interest.
• Contain the statutory disclosure, which begins: “YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE.”

Copy the full disclosure from the statute word for word rather than paraphrasing it. If the landlord later moves the deposit to a different bank or changes how it is held, the tenant must be told within 30 days. A bank merger or name change alone does not require new notice.

One exception matters to small owners: this notice requirement “does not apply to any landlord who rents fewer than five individual dwelling units.” The account rules in §83.49(1) and the move-out rules in §83.49(3) still apply to everyone.

What are the move-out deadlines?

Section 83.49(3) runs on two clocks that start when the rental agreement ends.

Step	Deadline	Source
Return the full deposit (plus any interest owed) when there is no claim	Within 15 days after the lease ends	§83.49(3)(a)
Send written notice of intent to claim, with the reason	Within 30 days after the lease ends	§83.49(3)(a)
Tenant objects in writing	Within 15 days after receiving the notice	§83.49(3)(b)
Landlord deducts the claim and sends the balance	Within 30 days after the date of the notice	§83.49(3)(b)

The claim notice must go “by certified mail to the tenant’s last known mailing address” or by email under a §83.505 addendum. It must contain a statement “in substantially the following form”:

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 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 ___.

What if the landlord misses the 30-day notice?

The statute is blunt. A landlord who fails to send the notice within 30 days “forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after returning the security deposit to the tenant.”

In practice, a missed deadline means sending the whole deposit back and then suing for any damage separately. In a lawsuit over a deposit, §83.49(3)(c) entitles the prevailing party to court costs plus a reasonable attorney’s fee.

What does the tenant owe the landlord at move-out?

§83.49(5) requires a tenant leaving at or before the end of the term, unless the lease says otherwise, to give “at least 7 days’ written notice by certified mail or personal delivery” with an address where the tenant can be reached. If the tenant does not, the landlord is relieved of the 30-day notice requirement, though the tenant keeps any right to the deposit itself.

What about advance rent, renewals and a sale?

Advance rent may be moved to the landlord’s account “when the advance rental period commences and without notice to the tenant.” Under §83.49(6), a lease renewal counts as a new rental agreement, and a deposit carried forward counts as a new deposit.

When the property is sold or the managing agent changes, §83.49(7) requires every deposit and advance rent, with earned interest and an accounting per tenant, to transfer to the new owner or agent. Buyers should ask for that accounting at closing. A new owner is presumed to have received the deposit, but that presumption is limited to one month’s rent.

Can a landlord offer a fee instead of a deposit?

Yes. §83.491 lets a landlord offer a fee in lieu of a security deposit. The tenant must be told in writing that they may pay a regular deposit instead at any time. After the tenancy, the landlord has 30 days to notify the tenant of amounts due and must wait at least 15 days after that notice before submitting a claim to an insurer.

Do cities set their own deposit rules?

No. §83.425 preempts the regulation of residential tenancies to the state and lists security deposits among the matters local governments may not regulate. The rules above apply the same way across Florida. For the wider set of landlord duties, see our guide to Florida landlord-tenant law.

How Florida Hosts helps

Florida Hosts manages long-term rentals and mid-term furnished rentals across Florida, with licensed brokers handling the leasing. Our own maintenance staff handle repairs during and after a tenancy, and the deposit deadlines above are part of the leasing work.

Not sure which rental type suits your home? A free rental projection compares the options for your address within one business day.

This guide is general information, not legal advice; confirm the requirements for your lease with a Florida attorney.