When to Return Security Deposits in Florida
Did you know that the number of renters in the United States grew significantly from 2020 to 2021, reaching over 44 million households? By mid-2025, this figure is expected to increase by at least 20%. For Florida landlords, understanding security deposit laws is crucial to avoid disputes with tenants.
For both new landlords and tenants in Florida, understanding security deposit laws is essential. These regulations define what landlords and tenants can expect at the end of a lease. Security deposits protect landlords from damages and unpaid fees, but they must be handled legally to prevent disputes.
Following Florida’s security deposit laws benefits everyone involved and ensures fair treatment. With millions of households renting across Florida, it’s critical to know what Florida Statute 83.49 mandates for returns, deductions, and disputes regarding security deposits.
What You Want to Know
In this blog, we'll discuss Florida's law on security deposits, including when landlords must return deposits, what deductions are permitted, and how tenants can protect themselves.
We'll also answer questions such as, How long do I have to get my security deposit back?, How long does landlord have to give back security deposit, and What can a landlord keep your security deposit for? 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 deposits. Under this law, landlords must return the deposit within 15 days after the tenant moves out if no deductions are necessary. If deductions are needed, landlords have 30 days to provide a written notice. It is important 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 deposits must be held in a Florida-based bank account. This also includes pet deposits.
- Return Timeline: Landlords must return the deposit within 15 days if no deductions are required.
- Making a Claim: If a deduction is necessary, the landlord must notify the tenant in writing within 30 days. We recommend an itemized list. If the tenant objects, a formal process should follow.
- Tenant’s Rights: If the landlord fails to notify the tenant within 30 days, they lose the right to make a claim on the deposit.
- Tenant Protections: Florida law safeguards tenants from unfair deductions. Tenants have the right to be informed in writing within 30 days if any deductions will be made. Additionally, tenants can dispute any deductions by providing evidence, such as photos of the property’s condition, to challenge unwarranted 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 Beyond Normal Wear and Tear: Damage such as broken fixtures, holes in walls, or stained carpets can result in deductions.
Cleaning Costs: If the property is left excessively dirty, the landlord may deduct cleaning fees.
Unpaid Fees: Any unpaid fees owed by the tenant, such as late fees or utility charges, can be deducted.
How Long Do I Have to Get My Security Deposit Back?
Florida law requires landlords to return the security deposit within 15 days if no deductions are made. If deductions are necessary, a written notice must be sent within 30 days. To avoid any challenge, it’s often suggested that landlords return it within 14 days.
Steps for Landlords When Returning a Security Deposit
- 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 written notice within the required 30 days for any deductions.
- Return Balance: Return the deposit or remaining deposit balance within 15 days or 30 days if deductions are made.
What Happens If a Landlord Fails to Return the Deposit?
Failure to return the security deposit or provide timely notice of deductions can result in legal consequences. Under Florida Statute 83.49, the landlord must either send the deposit within 15 days or provide a written notice within 30 days if they intend to make deductions.
If they miss this deadline, they forfeit the right to withhold any portion of the deposit, regardless of any damages or unpaid rent.
Florida Law on Security Deposits and Small Claims Court
If a landlord wrongfully withholds a security deposit or makes unjustified deductions, the tenant can take legal action. This often involves filing a case in small claims court, as security deposit disputes are typically under the financial limit for small claims. The tenant can file a lawsuit to recover their deposit if it is not returned within the lawful time frame.
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 choose small claims court for these cases due to the lower financial cost and the relatively quick resolution. Documentation helps ensure a fair process, and tenants can recover additional damages if the court finds the landlord acted in bad faith.
Common Misunderstandings About Security Deposits
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. In Florida, the answer is no.
The security deposit is meant to cover damages, unpaid rent, or other allowable deductions, but it cannot be used for rent payments unless explicitly stated in the rental agreement and agreed to by all parties.
Protecting Yourself or Your Investment
Understanding Florida’s security deposit law is crucial for landlords and tenants. For landlords, following the correct procedures ensures compliance with the law and helps maintain a positive relationship with tenants.
For tenants, knowing your rights can protect you from unlawful deductions and help you recover your deposit promptly. Florida renters rights security deposit issues should not be taken lightly.
How Allegiant Management Group Can Help
If you need assistance with managing your rental property, including handling security deposits, leasing, rent collection, or even a-la-carte services, contact our experienced property management team at Allegiant Management Group.
We take a pledge for our clients. Our team is well-versed in navigating Florida’s complex rental laws and ensuring your property is well-managed. We look forward to being your resource for all things property management and offering you quality service and peace of mind!
WATCH: FLORIDA SECURITY DEPOSIT LAWS EXPLAINED
For a quick overview on Florida’s security deposit laws, check out this helpful video:
FAQs About Florida Security Deposit Laws
How long does a landlord have to return my security deposit in Florida?
We get asked all the time - how many days does landlord have to return security deposit? Florida law requires landlords to return the security deposit within 15 days if no deductions are being made. If deductions are necessary, the landlord must notify the tenant in writing within 30 days and then return the remaining deposit amount.
What can a landlord legally deduct from a security deposit in Florida?
A landlord in Florida can deduct for unpaid rent, excessive damage beyond normal wear and tear, cleaning fees for excessively dirty properties, unpaid utility or other fees, and repairs for property damage caused by the tenant.
Can a tenant use their security deposit to pay the last month’s rent?
No, tenants cannot use their security deposit to cover the last month’s rent unless specifically allowed in the rental agreement.
What should I do if my landlord doesn’t return my security deposit?
If your landlord fails to return your security deposit within the required time frame, you can send a demand letter. If that does not work, you may file a lawsuit in small claims court to recover your deposit.
When does the security deposit get returned?
The security deposit is returned after moving out as long as no claim is made.
Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal advice. For specific legal concerns, always consult a qualified attorney. This information does not create an attorney-client relationship.
Blog Updated: 11/10/2024
