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? The number of rents will increase by at least 20% by mid-2025.
For Florida landlords, understanding security deposit state laws is crucial to avoid disputes with tenants. These regulations define what landlords and tenants can expect at the end of a lease. Does the security deposit get returned?
Landlords use security deposit's to protect themselves from damages and unpaid fees. They must handle them legally to prevent disputes. Following Florida’s security deposit laws benefits everyone involved and ensures fair treatment.
Millions of households rent in Florida. Most important to understand what Florida Statute 83.49 says about security deposit's. This law covers returns, deductions, and disputes.
For a more in-depth look at Florida Statute 83, check out our comprehensive blog breaking down the entire statute.
What Are Security Deposit Laws in Florida?
The Florida Statute 83.49 governs the handling of security deposit's. Under this law, landlords must return the deposit within 15 days after the tenant moves out or lease termination.
This holds true if you do not need any deductions. If landlords need to make deductions, they have 30 days to provide a written notice.
Most important that you notify the tenant in writing and have proof, that you did so.
Key Provisions of Florida Security Deposit Law
- Deposit Holding: Florida security deposit law requires that security deposit's must be held in a Florida-based bank account. This also includes pet deposits. Landlords must also disclose simple interest and the amount of the security deposit held.
- Return Timeline: Landlords must return the deposit within 15 days if they do not require any deductions.
- Making a Claim: The landlord must inform the tenant in writing within 30 days. This is if they plan to keep all or part of the security deposit. We recommend write a security deposit itemized list or itemized statement. If the tenant objects, a formal process should follow.
- Tenant Rights: If the landlord does not inform the tenant within 30 days after the lease ends, they lose the right to get their deposit back.
- Tenant Protections: Florida law safeguards tenants from unfair deductions. Landlords must inform tenants in writing within 30 days if they will make any deductions. Tenants can also dispute any deductions. They can provide evidence, like photos of the property’s condition, to challenge unfair claims.
What Can a Landlord Keep Your Security Deposit For
According to Florida law, landlords can make permissible deductions from a security deposit for specific reasons.
These include:
- Unpaid Rent: Landlords can deduct any unpaid rent from the security deposit.
- Damages: Damage to property that goes beyond normal wear and tear can lead to financial deductions. This includes things like damaged fixtures, holes in walls, or stains on carpets.
- Cleaning Costs: If the tenant leaves the property excessively dirty, the landlord may deduct cleaning fees.
- Unpaid Fees: The landlord can deduct any unpaid fees owed by the tenant, such as late fees or utility charges.
How Many Days Does a Landlord Have to Return Security Deposit
Florida law mandates that landlords return the security deposit within 15 days if they make no deductions.
If deductions are necessary, you must send a written proper notice within 30 days. To avoid problems, experts often recommend that landlords return the deposit within 14 days. They should use certified mail after the tenant leaves the rental unit.
How Does Security Deposit Get Returned - Steps for Landlords
- Inspect the Property: Conduct a thorough inspection to identify damage or cleaning needs.
- Document Condition: Take photos to support potential deductions.
- Calculate Deductions: Determine allowable deductions for unpaid rent or damages.
- Notify Tenant: Provide proper notice with a security deposit return letter within the required 30 days for any deductions.
- Return Balance: Return the deposit or the remaining balance within 15 days. Unless you make deductions, you must return it within 30 days. After 60 days of receipt the tenant loses right to dispute the claim.
What Happens If a Landlord Fails to Return the Deposit
Is your landlord not returning deposit? In Florida, landlord-tenant law covers a landlord not returning a security deposit. If a landlord does not return the deposit on time, they could have problems.
They also need to inform the tenant about any deductions. If they fail to do this, they may face legal issues.
According to Florida Statute 83.49, the landlord must return the total amount of the deposit within 15 days. If they plan to make deductions, they must give written notice within 30 days.
If they miss this deadline, they lose the right to keep any part of the deposit. This applies even if there are damages or unpaid rent.
Security Deposit Disputes - Florida Deposit Demand Letter Sample
If your landlord has not returned your security deposit, you can send a formal request using a demand letter. Click here to access a Florida Security Deposit Demand Letter Sample PDF.
New Florida Security Deposit Law 2025
As of July 1, 2024, Florida has introduced a law impacting security deposits for residential rentals.
Under this law, landlords can now give tenants options instead of traditional security deposits. They can offer a monthly fee or an insurance-based security deposit instead of a one-time payment.
This change aims to make housing easier to access. Lowering move-in costs for renters will occur. At the same time, it will protect landlords from damages or unpaid rent.
However, landlords must clearly disclose these alternative options in writing and obtain tenant consent before implementing them.
This law provides flexibility but also requires landlords to comply with specific transparency and documentation requirements to remain in compliance with Florida statutes.
Florida Tenant Rights Security Deposit Law and The Importance of Documentation
When taking legal action or disputing the claim on the deposit, tenants can file a claim in small claims court without needing a lawyer. The process is typically straightforward, with a focus on tenant evidence, like move-in checklists, utility bills, and photos.
Many tenants pick small claims court for these cases. It costs less money and resolves issues quickly. Documentation helps make sure the process is fair. If the court finds the landlord acted in bad faith, tenants can get extra damages.
We get asked all the time, Does security deposit cover last month's rent? Many landlords and tenants wonder if they can use the security deposit to cover their last month’s rent. The answer is no, in the State of Florida.
The deposit is for covering damages, unpaid rent, or other allowed deductions. You cannot use it for rent payments unless the rental agreement or lease agreements states so and everyone agrees.
How Allegiant Management Group Can Help
We can keep the deposit funds in our escrow account. We will help with any payments or claims if your property needs it. If you need help managing your rental property, we can assist you with full-service property management.
We handle security deposit's, leasing, and rent collection. We also offer a-la-carte services. Contact our experienced team at Allegiant Management Group for support.
Our teams pledges to always for right by our clients. Our team is well-versed in navigating Florida’s complex rental laws and ensuring your property is well-managed.
We are excited to be your resource for property management. We promise to provide you with quality service and peace of mind, so you can do the things you love to do.
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): Florida Security Deposit Laws
How long does a landlord have to return my security deposit in Florida?
Florida landlords must return a security deposit within 15 days if there are no deductions. If claiming deductions, they must notify the tenant within 30 days. Failure to comply may forfeit the right to retain any portion of the deposit.
What can a landlord deduct from a security deposit in Florida?
A Florida landlord can deduct for unpaid rent, damage beyond normal wear and tear, property cleaning, and lease violations. Deductions must be itemized in a written notice sent within 30 days of lease termination.
Can i use my security deposit to pay the last month’s rent?
No, tenants in Florida cannot use the security deposit for last month’s rent unless the lease specifically allows it. Doing so may violate the lease and result in legal action or withheld deposit.
What should I do if my landlord doesn’t return my security deposit?
Send a written demand for the deposit. If the landlord doesn’t respond, file a claim in small claims court. Florida law allows tenants to recover the full deposit plus court costs if the landlord violates return deadlines.
What should be included in a security deposit demand letter?
Include your name, address of the rental, lease end date, amount of deposit, request for return, deadline for response, and intent to pursue legal action if ignored. Keep a copy and send it via certified mail.
What happens if landlord does not return security deposit in 30 days Florida?
If a Florida landlord fails to return the deposit or send a notice of claim within 30 days, they forfeit the right to keep any part of it. The tenant may sue to recover the full deposit.
How long does a tenant have to dispute security deposit deductions?
A Florida tenant has 15 days from receiving the landlord’s claim notice to dispute security deposit deductions in writing. Failure to respond allows the landlord to keep the claimed amount.
Can a landlord keep the deposit if the tenant breaks the lease?
Yes, a Florida landlord can keep part or all of the deposit if a tenant breaks the lease, especially to cover unpaid rent, damages, or costs related to early termination. Deductions must be itemized and sent within 30 days.
Does a landlord have to provide receipts for security deposit deductions?
Florida law does not require landlords to provide receipts, but they must give a written notice itemizing deductions. Courts may favor tenants if deductions lack documentation, so receipts help support the landlord’s claims.
Will I still receive my deposit back if my landlord evicts me?
If evicted in Florida, you may still receive part of your deposit unless it’s needed for unpaid rent, damages, or lease violations. The landlord must itemize any deductions and follow legal notice timelines.
Can you get your security deposit back?
Yes, you can get your security deposit back if you paid rent, avoided damage, and followed the lease. Florida landlords must return it within 15 days or send a claim notice within 30 days.
Do you get security deposit back after moving out?
You get your security deposit back after moving out if the rental is undamaged and clean, and all lease terms are met. Landlords can deduct for repairs, cleaning, or unpaid rent. Laws vary by state, but most require returns within 14–30 days.
Does the deposit count towards rent?
The security deposit does not count toward rent unless the landlord agrees in writing. It is held separately to cover damages or unpaid rent. Using it for rent without permission may violate lease terms and lead to legal issues.
Is it illegal to use deposit for a month rent?
Using a security deposit for rent is not illegal if the landlord agrees. Without approval, it violates most lease agreements and can result in legal or financial penalties. Always get written consent before applying the deposit to rent.
How long after moving out should i get my deposit?
You should receive your security deposit within 14 to 30 days after moving out, depending on state laws. Landlords must return it or provide an itemized list of deductions within this timeframe.
When does security deposit get returned?
Security deposits are returned within 14 to 30 days after the tenant moves out, depending on local laws. Landlords must inspect the property, make deductions if needed, and provide an itemized statement with the remaining balance.
Disclaimer: The information in this article is for general purposes only. You should not consider it legal advice. For specific legal concerns, always consult a qualified attorney. This information does not create an attorney-client relationship.
Blog Updated: 03/25/2025
