Security deposit disputes are among the most common landlord-tenant problems in Florida. Section 83.49 of the Florida Statutes sets short, strict deadlines after a residential lease ends. Missing one can cost a landlord the right to keep any of the deposit. Here is how the process generally works.
While the tenant lives there
A landlord must hold the deposit in a separate account at a Florida bank or other financial institution, or post a surety bond. The money can't be mixed with the landlord's own funds or used until it is due. Landlords with five or more units must also tell the tenant in writing where the deposit is held, either in the lease or within 30 days after receiving it.
After move-out: 15 days or 30 days
- No claim: 15 days. If the landlord doesn't intend to keep any part of the deposit, the landlord must return it, with interest if required, within 15 days after the lease ends.
- A claim: 30 days. If the landlord intends to keep part or all of the deposit, the landlord must send a written notice of the claim within 30 days after the lease ends.
The notice of claim
The notice must be sent by certified mail to the tenant's last known mailing address, or by email if both sides signed a written email-notice addendum under section 83.505. It must state the amount claimed and the reason, and follow the wording the statute requires, including the tenant's right to object within 15 days.
If the landlord doesn't send a proper notice within 30 days, the landlord loses the right to make a claim against the deposit. The landlord can still sue the tenant separately for damages, but generally must return the deposit first.
The tenant's 15 days to object
The tenant has 15 days after receiving the notice to object in writing to the claim or the amount. If the tenant doesn't object in time, the landlord may deduct the amount claimed and must send any remaining balance within 30 days after the date of the notice. A tenant who misses the objection deadline doesn't lose the right to sue over the deposit later.
What a landlord can deduct
The deposit secures the tenant's performance of the lease. Claims generally include:
- Damage to the unit beyond normal wear and tear.
- Unpaid rent and other amounts the tenant owes under the lease.
- Other charges the lease allows, such as certain fees for leaving early, if the lease properly provides for them.
Ordinary aging of carpet, paint and fixtures from normal use is generally not the tenant's responsibility. The notice must explain the reason for each claim, so vague or lumped-together charges invite a dispute.
If it goes to court
Either side can sue over who is entitled to the deposit. The winner can recover court costs and a reasonable attorney's fee, which raises the stakes on both sides.
Tips for both sides
- Landlords: calendar both deadlines from the day the lease ends, send the notice by certified mail and keep the receipt.
- Tenants: give the landlord a forwarding address in writing and object in writing within 15 days if you disagree.
- Both: take dated photos or video at move-in and move-out, and keep the lease and payment records.
Some leases use a monthly fee in place of a deposit. Different rules apply to that option.
This article is general information about residential security deposits under Florida law, not legal advice. Every case is different, and reading this doesn't create an attorney-client relationship.