Florida Security Deposit Laws
Complete guide to security deposit rules, deadlines, and tenant rights in Florida.
30
Days to Return
No statutory limit
Max Deposit
Yes
Itemization Required
Forfeiture of claim
Potential Penalty
Security Deposit Return Deadline
If claiming deductions, landlords must send written notice via certified mail within 30 days after the tenant vacates. If no deductions are claimed, the full deposit must be returned within 15 days.
Legal Reference: Fla. Stat. § 83.49
Maximum Security Deposit
Florida does not have a statutory limit on security deposit amounts. Landlords may charge any amount they deem appropriate, though market rates typically range from 1-2 months' rent.
Legal Reference: Fla. Stat. § 83.49
Penalties for Violations
Forfeiture of claim
If a landlord fails to send the required certified mail notice within 30 days, they forfeit the right to impose any claim on the deposit and must return it in full.
Legal Reference: Fla. Stat. § 83.49(3)
What is Normal Wear and Tear?
Landlords generally cannot charge tenants for normal wear and tear. Examples typically include:
- ✓Faded paint from sunlight exposure
- ✓Carpet worn from normal foot traffic
- ✓Minor scuffs on walls from furniture
- ✓Small nail holes from hanging pictures
- ✓Worn appliances from regular use
- ✓Minor scratches on flooring from normal use
Landlord Obligations
- 1Return full deposit within 15 days if no deductions claimed
- 2Send certified mail notice within 30 days if claiming deductions
- 3Provide written description of damages claimed
- 4Wait 15 days after notice for tenant objection before deducting
- 5Send notice to tenant's last known address
Tenant Rights
- ✓Receive deposit back within 15 days if no claim made
- ✓Receive certified mail notice of any claimed deductions
- ✓15 days to object in writing after receiving notice
- ✓Sue in small claims court if landlord forfeits claim rights
- ✓Full deposit return if landlord misses 30-day certified mail deadline
Common Landlord Violations
These are issues that tenants frequently encounter with security deposits in Florida:
- !Missing the 30-day certified mail deadline (forfeits all claims)
- !Not sending notice via certified mail
- !Charging for normal wear and tear
- !Not waiting 15 days for tenant objection before deducting
- !Not sending notice to correct address
- !Deducting for pre-existing damage
Frequently Asked Questions
How long does a landlord have to return my deposit in Florida?
If your landlord isn't claiming any deductions, they must return your full deposit within 15 days. If they want to make deductions, they must send you a certified mail notice within 30 days explaining their claims.
What happens if my landlord doesn't send certified mail notice?
If your landlord fails to send the required certified mail notice within 30 days, they forfeit the right to make any claims against your deposit and must return it in full.
Can I object to my landlord's deductions in Florida?
Yes, after receiving the certified mail notice, you have 15 days to object in writing. If you don't object within that time, the landlord may proceed with the deductions.