Templates / Security deposit laws / Florida
Florida security deposit and move-in inspection rules
What Florida law says about the deposit — limit, return deadline, deductions, inspections and penalties — taken only from the text of Florida Statutes § 83.49, with a link to the statute text for every rule (the legislature's own site where it can be opened; otherwise a public copy of the same text).
Checked word for word against the statute text on October 22, 2026. This is a plain-English summary, not legal advice; city or county rules and your lease can add to it.
At a glance
| Deposit limit | No limit in state law (cities and counties may not set one) § 83.425 |
|---|---|
| Return deadline | 15 days if there is no claim; a claim notice must go by certified mail within 30 days § 83.49(3)(a) |
| Claim notice | Must follow the wording set out in the statute; the tenant has 15 days to object § 83.49(3)(a) |
| Interest | Only if the deposit is in an interest-bearing account or covered by a surety bond § 83.49(1)(b)-(c), (9) |
| Move-in documentation | No state requirement details |
| Where the deposit is held | Separate Florida bank account, or a surety bond § 83.49(1)(a)-(c), (2) |
| Penalty | A late claim notice forfeits the claim; the winner in court gets attorney fees § 83.49(3)(a)-(b) |
How much can the deposit be?
No state statute caps the amount of a residential security deposit (none found in § 83.49 or anywhere in Part II of ch. 83). Cities and counties also cannot set one: security deposits are preempted to the state by § 83.425.
“This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies; security deposits;”
Where the deposit must be kept
The landlord must either keep the deposit in a separate non-interest-bearing or interest-bearing account at a Florida financial institution (no commingling), or post a surety bond and pay 5% interest. A landlord renting five or more units must give written notice within 30 days of receipt (or in the lease) naming the depository or the bond, saying whether interest is owed, and carrying the statutory disclosure.
“The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit.”
Move-in inspection and photos
No state statute. Part II of ch. 83 contains no move-in or move-out inspection, checklist or condition-report requirement; the only 'inspect' provision is the landlord's right of access (§ 83.53).
When the deposit must be returned
With no claim, the deposit (plus any interest owed) must be returned within 15 days after the lease ends. To keep any part, the landlord must send a written notice of intention to impose a claim, with the reason, within 30 days by certified mail to the tenant's last known address (or by e-mail if the parties signed an e-mail addendum under § 83.505).
“If the landlord intends to impose a claim on the deposit, the landlord must, within 30 days after the termination of the rental agreement, provide the tenant written notice by certified mail to the tenant’s last known mailing address or by e-mail in accordance with s. 83.505 of his or her intention to impose a claim on the deposit”
The notice of claim
The claim notice must contain a statement in substantially the statutory form: claim amount, reason, the 15-day written-objection warning, and the landlord's address for objections.
“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.”
Objections and missed deadlines
The tenant has 15 days after receiving the notice to object in writing; if not, the landlord may deduct and must remit the balance within 30 days of the notice date (the tenant can still sue). If the landlord misses the 30-day notice, it forfeits the right to claim against the deposit, must return it, and can only sue separately for damages.
“If the landlord fails to give the required written notice within the 30-day period, he or she 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.”
What can and cannot be deducted
§ 83.49 does not list permitted deductions; any claim must state its reason in the 30-day notice. A security deposit is defined as money held as security for performance of the rental agreement, including the landlord's damage from the tenant's early breach. 'Normal wear and tear' appears in Part II only in § 83.491 (fee-in-lieu programs), not in § 83.49.
““Security deposits” means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant’s breach of lease prior to the expiration thereof.”
Interest on the deposit
Interest is required only if the landlord chooses an interest-bearing account (at least 75% of the account's annualized average rate, or 5% simple per year, landlord's election) or a surety bond (5% simple per year). Interest must be paid or credited against rent at least once a year; none is owed to a tenant who wrongfully ends the tenancy early.
“the tenant shall receive and collect interest in an amount of 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.”
Penalties for keeping a deposit wrongly
In a court action over the deposit, the prevailing party (landlord or tenant) gets court costs plus a reasonable attorney's fee, and the court must advance the case on its calendar. § 83.49 sets no multiple-damages penalty; the sanction for a missed notice is forfeiture of the right to claim against the deposit (§ 83.49(3)(a)).
“If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.”
A fee instead of a deposit
Since July 1, 2023 a landlord may (but need not) offer a fee instead of a security deposit, with written disclosures and a signed agreement; the tenant may switch to a deposit at any time, and the fee is not a security deposit.
“If a rental agreement requires a security deposit, a landlord may offer a tenant the option to pay a fee in lieu of a security deposit.”
Record the condition on move-in day
Most deposit disputes come down to one question: what did the place look like when the tenant moved in? A dated, room-by-room record signed by both sides answers it.
- Walk every room together before the keys change hands — walls, floors, doors, windows, fixtures, appliances.
- Photograph each defect close up and each room wide, so the photos show where the defect is.
- Note meter readings and the number of keys, fobs and remotes.
- Both sign and date the checklist; each keeps a copy.
- At move-out, repeat the same walk in the same order and compare.
Rental Inspection: Move In/Out is an iPhone app that does the same walk with photos placed in the report.
- Room-by-room checklist with photos
- Both sides sign on the phone
- One dated PDF for the deposit
Questions
How much can a landlord charge for a security deposit in Florida?
No state statute caps the amount of a residential security deposit (none found in § 83.49 or anywhere in Part II of ch. 83). Cities and counties also cannot set one: security deposits are preempted to the state by § 83.425.
How long does a landlord have to return a security deposit in Florida?
With no claim, the deposit (plus any interest owed) must be returned within 15 days after the lease ends. To keep any part, the landlord must send a written notice of intention to impose a claim, with the reason, within 30 days by certified mail to the tenant's last known address (or by e-mail if the parties signed an e-mail addendum under § 83.505).
What can a landlord deduct from a security deposit in Florida?
§ 83.49 does not list permitted deductions; any claim must state its reason in the 30-day notice. A security deposit is defined as money held as security for performance of the rental agreement, including the landlord's damage from the tenant's early breach. 'Normal wear and tear' appears in Part II only in § 83.491 (fee-in-lieu programs), not in § 83.49.
Does a Florida landlord have to pay interest on a security deposit?
Interest is required only if the landlord chooses an interest-bearing account (at least 75% of the account's annualized average rate, or 5% simple per year, landlord's election) or a surety bond (5% simple per year). Interest must be paid or credited against rent at least once a year; none is owed to a tenant who wrongfully ends the tenancy early.
Is a move-in inspection required in Florida?
No state statute. Part II of ch. 83 contains no move-in or move-out inspection, checklist or condition-report requirement; the only 'inspect' provision is the landlord's right of access (§ 83.53).
What happens if a Florida landlord keeps a deposit wrongly?
In a court action over the deposit, the prevailing party (landlord or tenant) gets court costs plus a reasonable attorney's fee, and the court must advance the case on its calendar. § 83.49 sets no multiple-damages penalty; the sanction for a missed notice is forfeiture of the right to claim against the deposit (§ 83.49(3)(a)).
Sources
- Fla. Stat. § 83.49 (2026)
- Fla. Stat. § 83.491 (2026)
- Fla. Stat. § 83.425 (2026)
- Fla. Stat. § 83.43 (2026)
- Fla. Stat. § 83.48 (2026)
Other states
14 business days after move-out and the tenant's demand, with an itemized list of deductionsCalifornia
21 days after the tenant moves out, with an itemized statementGeorgia
30 days after the landlord gets the unit back, with a written statement of reasons for anything keptIllinois
Itemized damage statement within 30 days of move-out; with no statement, the full deposit within 45 daysMassachusetts
30 days after the tenancy ends, with a sworn itemized list for any damage deductionNew Jersey
30 days after the lease ends, by personal delivery or registered/certified mailNew York
14 days after the tenant moves out, with an itemized statement — or the landlord loses the right to keep any of itPennsylvania
30 days after the lease ends or the unit is surrendered, with a written list of damagesTexas
30 days after the tenant moves out — once the tenant gives a written forwarding addressWashington
30 days after the lease ends and the tenant moves out, with a full and specific statement