Florida Lease Agreement Builder — Chapter 83 and § 83.49 Compliant
Create a Florida residential lease that meets Chapter 83, Part II requirements, including § 83.49 security deposit handling and notice rules and the § 83.56 three-day notice procedure for nonpayment of rent.
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Legal Requirements in Florida
Disclose, within 30 days of receiving a deposit, the manner of holding it (separate non-interest account, separate interest-bearing account, or surety bond) and whether interest is paid (Fla. Stat. § 83.49(1), (2)).
Return the deposit within 15 days after the lease ends if no claim is made against it (Fla. Stat. § 83.49(3)(a)).
Send written notice by certified mail (or email under § 83.505) within 30 days to impose any claim on the deposit, in the statutory form (Fla. Stat. § 83.49(3)(a)).
Honor the tenant's 15-day window to object to a claim before deducting and remitting the balance (Fla. Stat. § 83.49(3)(b)).
Provide the statutory three-day notice (excluding Saturdays, Sundays, and court-observed legal holidays) before terminating for nonpayment of rent (Fla. Stat. § 83.56(3)).
Include the legislatively mandated security-deposit disclosure substantially in the form set out in § 83.49(3)(a) when a deposit is collected.
Key Statutes & Regulations
- Fla. Stat. § 83.49 — Deposit money and advance rent; duty of landlord and tenant (2025)
- Fla. Stat. § 83.56 — Termination of rental agreement; three-day notice (2025)
- Fla. Stat. § 83.51 — Landlord's obligation to maintain premises (2025)
- Fla. Stat. § 83.505 — Notice by electronic delivery (2025)
- Fla. Stat. § 83.46 — Rent; duration of tenancies (2025)
Common Pitfalls
- •Missing the 30-day deadline to send a claim notice, which forfeits the landlord's right to keep any of the deposit (§ 83.49(3)(a)).
- •Counting weekends or legal holidays inside the three-day rent notice period, invalidating the notice (§ 83.56(3)).
- •Commingling deposit funds instead of using a separate account or surety bond as required (§ 83.49(1)).
- •Omitting the statutory deposit-disclosure language, which can bar the landlord from later claiming against the deposit.
Local Terminology
- Claim on deposit
- A landlord's written demand, sent within 30 days of lease termination, to retain part or all of the deposit for damages (Fla. Stat. § 83.49(3)).
- Three-day notice
- The § 83.56(3) demand for rent or possession giving the tenant three days, excluding Saturdays, Sundays, and legal holidays, to pay or vacate.
- Surety bond
- An alternative under § 83.49(1)(c) by which a landlord posts a bond with the clerk of court instead of holding deposits in a separate account.
How Florida Differs
Florida uses a dual deadline unique among most states: 15 days to return a deposit with no claim, but 30 days to send notice of a claim.
The three-day rent notice excludes weekends and court-observed legal holidays, so the actual deadline is often longer than three calendar days (§ 83.56(3)).
Florida lets landlords hold deposits via a surety bond option, an alternative many generic leases never mention (§ 83.49(1)(c)).
Florida sets no statutory cap on deposit amounts but strictly regulates how the deposit is held and disclosed.
Frequently Asked Questions
How long does a Florida landlord have to return a security deposit?
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It depends on whether the landlord makes a claim. Under Fla. Stat. § 83.49(3), a landlord with no claim must return the deposit within 15 days of lease termination. To keep any portion, the landlord must instead send written notice of the claim within 30 days by certified mail or email.
What is the three-day notice for nonpayment of rent in Florida?
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A Florida landlord must serve a written three-day notice under Fla. Stat. § 83.56(3) before evicting for unpaid rent. The three days exclude Saturdays, Sundays, and court-observed legal holidays, so the real deadline is often longer. The notice must demand the rent or possession in substantially the statutory form.
How must a Florida landlord hold a security deposit?
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Under Fla. Stat. § 83.49(1), a landlord must hold deposits in one of three ways: a separate non-interest-bearing Florida account, a separate interest-bearing account paying the tenant interest, or by posting a surety bond. The landlord must disclose the chosen method to the tenant within 30 days of receiving the deposit.
Can a tenant object to a Florida landlord's deposit claim?
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Yes. After receiving the landlord's notice of intent to impose a claim, the tenant has 15 days to object in writing under Fla. Stat. § 83.49(3)(b). If the tenant does not object, the landlord may deduct the claim and must remit the balance within 30 days of the notice date.
Is there a maximum security deposit in Florida?
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No. Florida law sets no statutory cap on the amount a residential landlord may charge as a security deposit. However, Chapter 83 strictly regulates how the deposit is held, disclosed, and returned under § 83.49, and noncompliance can cost the landlord the right to retain any of it.
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