Florida Security Deposit Law: Limits, Deadlines, and Penalties

Florida sets no cap on security deposits or advance rent; one to two months' rent is standard market practice. Since July 1, 2023, Fla. Stat. § 83.425 preempts security deposit regulation to the state, so cities and counties cannot impose their own caps or handling rules.

No statutory limit — pet deposits are treated like any other part of the security deposit, and no pet deposit or fee may be charged for service animals or emotional support animals.

The clock starts when the tenancy ends and the tenant vacates. If the landlord keeps any portion, they must send a notice of intent to impose a claim by certified mail within 30 days (email is allowed only if both parties signed a § 83.505 electronic-delivery addendum). The tenant then has 15 days to object in writing; if there is no objection, the landlord deducts the claim and returns the balance within 30 days of the initial notice.

The 30-day claim notice must state the amount claimed and the reason for the claim, using the statutory notice language set out in § 83.49(3)(a). Without a timely, properly delivered notice, no deduction is allowed.

A landlord who fails to send the claim notice within 30 days forfeits the right to impose any claim on the deposit, though they can still sue separately for damages. In deposit litigation, the prevailing party recovers court costs plus reasonable attorney fees.

Interest is owed only if the landlord elects to hold the deposit in an interest-bearing account or posts a surety bond. In that case the tenant receives either 75% of the annualized average interest rate or 5% simple interest per year, at the landlord's election.

The deposit must be kept in a separate non-interest-bearing or interest-bearing Florida bank account (never commingled with the landlord's funds) or secured by a surety bond. Landlords must also give written notice within 30 days of receipt stating how and where the deposit is held — but landlords renting fewer than five dwelling units are exempt from that notice (not from the holding rule itself).

Effective July 1, 2025, Fla. Stat. § 83.505 permits deposit and claim notices by email when landlord and tenant have signed an electronic-delivery addendum. Effective July 1, 2023, HB 133 created § 83.491, letting landlords offer a monthly fee in lieu of a deposit, and § 83.425 preempted local deposit ordinances statewide.

The certified-mail claim notice is where small landlords get burned: miss the 30-day window or use regular mail and you forfeit the claim even when the damage is real. Since July 2025 you may deliver the notice by email, but only if the tenant signed the § 83.505 electronic-delivery addendum at lease signing. If you rent fewer than five units you can skip the deposit-disclosure notice, but you still must keep the deposit in a separate Florida account or post a bond.

• Fla. Stat. § 83.49
• Fla. Stat. § 83.491