Blog Updated: 04/22/2025
When to Return Security Deposits in Florida
The number of renters in the United States grew significantly from 2020 to 2021, reaching over 44 million households. That number is expected to increase by at least 20% by mid-2025.
For Florida landlords, understanding security deposit laws is essential to avoid disputes and stay compliant. These laws define what both landlords and tenants can expect at the end of a lease, including when and how the security deposit should be returned.
Security deposits are used to protect landlords against unpaid rent or damages to their rental units. However, landlords must follow Florida law when collecting, holding, and returning these funds. Complying with Florida Statute 83.49 helps protect your investment and ensures fair treatment for all parties involved.
What is Florida Security Deposit Law
Florida Statute 83.49 regulates how landlords must handle security deposits. The security deposit law Florida requires that landlords:
Return the full security deposit within 15 days if no deductions are needed.
Provide a written notice within 30 days if they plan to make any deductions.
It’s important to notify tenants in writing and have proof of delivery. This helps avoid misunderstandings and legal issues.
Key Provisions of Landlord Tenant Law in Florida Security Deposit
Deposit Holding Requirements
Landlords must keep security deposits in a Florida-based bank account. This includes pet deposits. You must also disclose the account type, bank location, and whether interest is being paid in the rental agreement.
Return Timeline
Return the full deposit within 15 days if there are no deductions.
If deductions apply, send a written notice within 30 days.
Making a Claim
Landlords must itemize deductions and explain them in a written notice. A detailed itemized statement helps avoid disputes and provides transparency. If a tenant disagrees, they can contest the deductions through a formal process.
Tenant Rights
If a landlord fails to send written notice within 30 days, they lose the right to keep any part of the deposit—even if damages or unpaid rent exist. Tenants are also allowed to object in writing with supporting evidence such as photos or move-in checklists.
What Can a Landlord Deduct from a Security Deposit?
According to Florida law, landlords can deduct from a tenant’s security deposit for the following reasons:
Unpaid rent
Damages beyond normal wear and tear (holes in walls, broken appliances, stained carpets)
Excessive cleaning costs
Unpaid fees, such as late rent or utility bills
How Many Days Does a Landlord Have to Return Security Deposit
Florida law gives landlords 15 days to return the full security deposit if no deductions are being made. If deductions are needed, landlords must send a written notice within 30 days.
Many experts recommend using certified mail and returning funds within 14 days to avoid delays or disputes.
How to Return a Security Deposit – Step-by-Step Guide for Landlords
Step 1: Inspect the Property
Perform a full walkthrough after the tenant moves out. Check for damages and cleanliness.
Step 2: Document the Condition
Take photos and notes to back up any deductions. This documentation helps if there’s a dispute.
Step 3: Calculate Deductions
Figure out what you’re legally allowed to deduct (e.g., unpaid rent, damage repair costs, cleaning fees).
Step 4: Notify the Tenant
Send a written notice (security deposit return letter) explaining any deductions within 30 days. Include an itemized list.
Step 5: Return the Balance
Return the full deposit or the remaining balance after deductions. If no deductions are made, send it within 15 days.
Step 6: Know the Dispute Window
After receiving your notice, tenants have 15 days to dispute the claim. If they don’t respond, the deductions stand.
What Happens If a Landlord Fails to Return the Deposit
If a Florida landlord doesn’t return the deposit or provide notice within the legal timeframe, they forfeit the right to make any deductions—even if damages exist.
Tenants can sue in small claims court to recover the full amount. If the court finds the landlord acted in bad faith, additional penalties may apply.
Security Deposit Disputes - Florida Deposit Demand Letter Sample
If your landlord has not returned your security deposit, you can send and write a security deposit demand letter. Click here to access a Florida Security Deposit Demand Letter Sample PDF.
New Florida Security Deposit Law 2024
As of July 1, 2024, a new Florida law gives landlords and tenants more flexibility. Landlords can now offer alternatives to traditional deposits, such as:
Monthly deposit waiver fee in lieu of deposit.
Insurance-based deposit replacements
These alternatives reduce upfront costs for tenants while still protecting landlords. However, landlords must disclose these options in writing and obtain tenant consent. Failure to comply with the new Florida security deposit law could lead to legal issues.
Florida Tenant Rights Security Deposit Law and The Importance of Documentation
Tenants can dispute deposit claims through small claims court, often without hiring an attorney. Documentation is key—tenants should gather move-in photos, cleaning records, utility receipts, and the lease agreement.
Reminder: A security deposit cannot be used for last month’s rent unless it is clearly stated in the lease and agreed upon by both parties.
How Allegiant Management Group Can Help
At Allegiant Management Group, we help Florida property owners manage every part of the leasing process—including security deposits. We:
Hold deposits securely in escrow
Prepare itemized deduction notices
Ensure legal compliance with state laws specifically Florida Statute 83.49
Collect Rent
Market Rental Properties
Whether you need full-service property management or a-la-carte solutions, our experienced team is ready to help. We work hard to protect your property and your peace of mind.
Visit our website to learn more or contact us for expert support.
WATCH: Florida Security Deposit Laws Explained
For a quick overview on Florida’s security deposit laws, check out this helpful video:
Frequently Asked Questions (FAQs): Security Deposit Law Florida
How long does a landlord have to return my security deposit in Florida?
15 days if there are no deductions, or 30 days with a written claim.
What can a landlord deduct from a security deposit in Florida?
Unpaid rent, damages beyond normal wear and tear, cleaning fees, and unpaid charges.
Can I use my security deposit for last month’s rent?
No, unless the lease specifically states otherwise and both parties agree in writing.
What should I do if my landlord doesn’t return my deposit?
Send a formal demand letter and consider filing a claim in small claims court.
What should be included in a security deposit demand letter?
Tenant name, rental address, lease end date, deposit amount, request for return, and a response deadline.
What happens if a landlord doesn’t return the deposit in 30 days?
They forfeit the right to keep any part of it.
How long does a tenant have to dispute deductions?
15 days after receiving the landlord’s claim notice.
Can a landlord keep the deposit if the lease is broken?
Yes, to cover unpaid rent, damages, or early termination costs—if documented and properly noticed.
Do landlords have to provide receipts for deductions?
No, but an itemized written notice is required. Receipts help support the claim in court.
Will I get my deposit back if I’m evicted?
Possibly. The landlord can only deduct for valid expenses and must follow legal notice rules.
When is the deposit returned?
Within 15–30 days after move-out, depending on deductions.
Does the deposit count toward rent?
Not unless your lease says so and both parties agree.
Is it illegal to use the deposit for rent?
It can violate the lease if not agreed upon. Always get written approval.
Disclaimer: This blog is for informational purposes only and is not legal advice. Please consult a licensed attorney for legal guidance related to your rental property or tenant disputes.
