Florida security deposit law: the 15-day and 30-day rules and the notice that decides everything
Last reviewed: · get-book.com
Florida is unusual: the deadline depends on what the landlord intends to do. If no claim is being made, the deposit must be returned within 15 days. If the landlord wants to keep any part, a written notice of intent to impose a claim must arrive within 30 days — and missing that deadline forfeits the right to impose any claim at all.
The two windows
If the landlord is not making a claim, the deposit must be returned within 15 days of move-out. Fla. Stat. § 83.49(3).
If the landlord intends to keep any part, a written notice of intent to impose a claim — stating the amount and the reason — must be sent by certified mail within 30 days, or by email under a signed addendum. You then have 15 days to object in writing. Missing the 30-day notice deadline means the landlord forfeits the right to impose any claim and must return the deposit. Fla. Stat. § 83.49(3).
The deposit cap
Florida sets no statutory cap on how much a landlord may collect; the amount is set by the lease, not by statute.
Where a claim goes
Deposit disputes are filed in small claims, part of the County Court for the county where the rental is. The small-claims limit is $8,000. Filing fees are set county by county and scale with the amount claimed — roughly $55 to $300 — so confirm the current figure with the clerk of the county court you file in.
Common questions
- How long does a Florida landlord have to return a deposit?
- 15 days after move-out if no claim is being made. If the landlord intends to keep any part, a certified-mail notice of intent must arrive within 30 days — Fla. Stat. § 83.49(3) — and you then have 15 days to object in writing.
- What happens if the claim notice arrives late?
- The landlord forfeits the right to impose any claim and must return the whole deposit. In any resulting action, the prevailing party also recovers court costs and reasonable attorney’s fees.
- Does Florida limit how much a landlord can charge?
- No statutory cap. The amount is set by the lease, not by statute.
- Is this legal advice?
- No. This page is general information about Florida law, with sources. It is not tailored to your situation and we are not a law firm.
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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.