Security Deposit in Florida
Florida imposes no cap on residential security deposits, but Florida Statutes § 83.49 requires landlords to hold the deposit in a separate Florida bank account or post a surety bond, disclose the holding arrangement to the tenant within 30 days, and return the deposit within 15 days of move-out (or 30 days if making deductions).
Last reviewed against current law: 2026-05-14
How Florida law treats security deposit
Florida Statutes § 83.49 sets strict procedural rules for residential security deposits, even though it imposes no cap on the amount. The landlord must, within 30 days of receiving the deposit, give the tenant written notice of where the deposit is held — either a separate non-interest-bearing account, a separate interest-bearing account (with the tenant entitled to either 75% of annualized interest or 5%, whichever is greater), or a surety bond.
After move-out, the landlord has 15 days to return the full deposit if no deductions are made. If the landlord intends to make deductions, the timeline extends to 30 days, and the landlord must send a notice by certified mail to the tenant's last known address detailing the intended deductions. The tenant then has 15 days to object in writing; if the tenant fails to object, the landlord may proceed.
Failure to comply with the disclosure or notice requirements strips the landlord of the right to retain any of the deposit. § 83.49(3)(c) also permits the prevailing party in any action over the deposit to recover attorney fees.
Primary sources
Frequently asked questions — Florida
Is there a Florida limit on security deposits?▾
No. Florida imposes no statutory cap on the amount. The constraint is procedural: separate-account holding, prompt disclosure, and a tight return deadline.
How quickly must a Florida landlord return the deposit?▾
Within 15 days if no deductions; within 30 days if making deductions, accompanied by certified-mail notice of intended deductions.
What happens if the landlord misses the deadline?▾
Failure to send the required notice or return the deposit on time forfeits the landlord's right to retain any portion under § 83.49(3).