| Quick Facts | Answer |
| Maximum / Limit | No Limit |
| Receipt Requirement | None |
| Inventory Requirement | None |
| Interest Requirement | None |
To learn about laws on security deposit returns in Florida, click here.
Some cities and counties may have regulations which are more restrictive than those presented here. Always check local laws.
Maximum Security Deposit Allowed in Florida
There is no limit on how much a landlord can collect for a security deposit in Florida. While other states impose a maximum security deposit limit, such as one month’s rent, Florida does not.
Landlords can give tenants the option of paying a nonrefundable fee in installments instead of a security deposit. There is no limit to the amount of the fee, but it must be agreed upon by the landlord and tenant in writing.
If the landlord and tenant choose the nonrefundable fee in lieu of a security deposit, the lease agreement must include several disclosures including:
- That the fee is nonrefundable and optional, and the tenant can pay a security deposit at any time to end the installment payments
- Whether any charges apply for the option to pay the nonrefundable fee
- That the fee does not limit or change the tenant’s obligation to pay rent, other bills, and the cost of damages excluding normal wear and tear
- That if the landlord uses the fee to purchase insurance, the tenant is not insured as a result
- A written disclosure in substantially the same format as Section 83.491(5)(b) (see the section in all caps)
- The amount and due date of the fee
Can Landlords Charge an Additional Pet Deposit in Florida?
Yes, landlords can collect an additional pet deposit in Florida, except for service dogs and emotional support animals.
How Much Rent Can a Landlord Collect Upfront in Florida?
There is no limit on the amount of rent that can be collected upfront in Florida. Many states have a limit on the amount of rent that can be collected at once, but Florida does not.
However, if rent is collected in advance beyond the immediate rental period, it must be handled in the same way as a security deposit.
Security Deposit Collections in Florida
When collecting a security deposit, landlords in Florida must provide a written disclosure to the tenant, including:
- The name and address of the depository where the security deposit will be kept or whether there is a surety bond
- If the tenant is entitled to interest on their security deposit
- A word-for-word recital of the disclosure provided in Section 83.49(2)(d) of the Florida Statutes (see the section in all caps)
The written disclosure must be provided within 30 days after receiving the security deposit and can be included in the lease agreement or provided by hand delivery or mail. If the landlord fails to provide the written disclosure, they forfeit their right to make deductions from the security deposit.
Do Landlords Have To Provide a Receipt for the Security Deposit in Florida?
While landlords in Florida must provide a written disclosure to tenants containing information such as where the security deposit will be held, an additional receipt of the deposit is not required to be provided.
What Obligations Do Landlords Have To Establish the Condition at Move-in in Florida?
Florida law does not require landlords to document or establish the property’s condition at move-in. While other states legally require a written inventory of damages to be completed when collecting a security deposit, Florida does not.
Security Deposit Alternatives in Florida
Florida allows a landlord to collect a monthly fee (which may be nonrefundable) as an alternative to requiring a security deposit. The landlord may also arrange for the tenant to contribute a security deposit across a series of monthly installments, paying the monthly fee until the landlord collects the full amount of the security deposit.
Fee payment does not limit or change the tenant’s payment obligations. The tenant is still fully liable for all necessary payments under the lease, including for damage to the premises.
Florida law heavily regulates this fee alternative to a security deposit, with a number of special requirements the landlord must follow. The tenant always has the option to stop payment of the monthly fee and provide a security deposit instead.
Security Deposit Holdings in Florida
Landlords in Florida must hold security deposits in one of three places: a non-interest-bearing account, an interest-bearing account, or by posting a surety bond.
Option 1: Non-interest-bearing account. The landlord may place the security deposit in a Florida bank account that does not gain interest. The account must only be used for security deposits.
Option 2: Interest-bearing account. The landlord may place the security deposit in a Florida bank account that gains interest. The landlord must credit the tenant either 75% of the interest earned or 5% interest per year. The landlord can choose whichever amount they want, even though it may be the lower of the two choices. The account must only be used for security deposits.
Option 3: Surety bond. The landlord may post a surety bond with the clerk of the circuit court in the county where the property is located. The landlord must credit the tenant interest at a rate of 5% annually.
The bond must be executed by a company that is licensed in the state of Florida. The bond must be in the amount of the security deposit plus advance rent or $50,000, whichever is less.
However, if the landlord leases property in five or more counties, they may choose to post a bond with the office of the Secretary of State in the amount held for the tenants or $250,000, whichever is less.
If the landlord changes their manner of holding the deposit, they must notify the tenant in writing within 30 days, unless they lease four or fewer rental units.
Are Tenants Entitled to Interest on Their Security Deposit in Florida?
Landlords in Florida do owe interest on security deposits, but only if they’re held in an interest-bearing account or if a surety bond is posted. Landlords in Florida may choose to hold security deposits in a non-interest-bearing account, in which no interest would be due to the tenants.
If a tenant is entitled to interest on their security deposit, it must be either credited towards rent or paid to the tenant directly once per year. A tenant that wrongfully terminates their lease forfeits their right to their interest.
How Are Security Deposits Accounted for in Florida?
Security deposits are not considered taxable income when they are collected.
What Happens to a Security Deposit When the Property is Sold in Florida?
When a property is sold in Florida, the seller must transfer the security deposit along with an accurate record of the amount with interest, if any, to the new owner, who must handle it according to the same rules.
Whether the property is sold or not, landlords have 15 days after the lease ends to return the security deposit if there are no deductions and 60 days if there are deductions.
Sources
- 1 Fla. Stat. § 83.491
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(1)(a) If a rental agreement requires a security deposit, a landlord may offer a tenant the option to pay a fee in lieu of a security deposit.
(b) A landlord may provide a tenant the option of paying a security deposit in monthly installments in an amount that is agreed upon between the tenant and the landlord while participating in the fee program.
(2)(a) If a tenant agrees to pay a fee in lieu of a security deposit, the landlord must notify the tenant within 30 days after the conclusion of the tenancy if there are any costs or fees due resulting from unpaid rent, fees, or other obligations under the rental agreement, including, but not limited to, costs required for repairing damage to the premises beyond normal wear and tear.
(b) A landlord may not submit a claim to an insurer to recover the landlord’s losses associated with unpaid rent, fees, or other obligations under the rental agreement, including, but not limited to, costs required for repairing damage to the premises beyond normal wear and tear, until at least 15 days after providing the tenant with the required notice under paragraph (a).
1. The landlord must include an itemized list of any unpaid amounts and the dates such amounts were due, documentation supporting any itemized damages and costs of repairs, and a copy of any written objection or report of any communication of objection by the tenant when the landlord submits a claim to an insurer.
2. If an insurer pays a claim that was submitted under this subsection to a landlord and the insurer has subrogation rights, the insurer may, within 1 year after the tenancy that was the subject of the claim ends, seek reimbursement from the tenant for the amounts paid to the landlord. If the insurer seeks reimbursement from the tenant, the following apply:
a. The insurer must provide the tenant with all documentation for losses which the landlord provided to the insurer in support of the landlord’s claim and a copy of the settlement statement documenting the insurer’s payment of the landlord’s claim.
b. The tenant retains any defenses against the insurer which the tenant would otherwise have against the landlord.
3. A landlord may not accept payment from both a tenant and an insurer for amounts associated with the same rent, fees, or damages.
(3) If a landlord offers a tenant the option to pay a fee in lieu of a security deposit, the landlord must notify the tenant in writing of all of the following:
(a) That the tenant has the option to pay a security deposit instead of the fee at any time.
(b) That the tenant may, at any time, terminate the agreement to pay the fee in lieu of the security deposit and instead pay a security deposit as listed in a rental agreement between the landlord and tenant or, if a security deposit was not agreed upon in a rental agreement between the landlord and tenant, in the amount that is otherwise offered to new tenants for a substantially similar dwelling unit on the date that the tenant terminates the agreement.
(c) That the tenant may choose to pay the security deposit in monthly installments in an amount that is agreed upon between the landlord and tenant while participating in the fee program.
(d) Whether any additional charges apply for the options provided in paragraphs (a) and (b).
(e) The amount of the payments required for each option the landlord offers.
(f) That the fee is nonrefundable, if applicable.
(g) That the fee is only for securing occupancy without paying a required security deposit.
(h) That the fee payment does not limit or change the tenant’s obligation to pay rent and fees, if any, under the rental agreement or limit or change the tenant’s obligation to pay the costs of repairing damage to the premises beyond normal wear and tear.
(i) That if the landlord uses any portion of the fee to purchase insurance, the tenant is not insured and is not a beneficiary of the landlord’s insurance coverage, and that the insurance does not limit or change the tenant’s obligations to pay rent and fees under the rental agreement or change the tenant’s obligation to pay the costs of repairing damage to the premises beyond normal wear and tear.
(4)(a) If a tenant decides to pay a fee in lieu of a security deposit, a written agreement to collect the fee must be signed by the landlord, or the landlord’s agent, and the tenant. The written agreement may not contain any clause that contradicts s. 83.45 or s. 83.47. The written agreement must, at a minimum, specify all of the following:
1. The amount of the fee, which may not be increased during the term of the rental agreement.
2. How and when the fee is to be collected.
3. The process and timeframe during which a tenant must pay the security deposit specified in the rental agreement if the tenant defaults on paying the fee, and that such default will not adversely affect the tenant’s credit rating if the security deposit is timely paid.
4. That the written agreement may be terminated at any time as long as the tenant pays the amount of the security deposit specified in the rental agreement.
5. If the tenant pays the amount of the security deposit specified in the rental agreement, then the tenant’s default on paying the fee or termination of the written agreement may not adversely impact the tenant’s credit report.
(b) The written agreement specified under paragraph (a) must also include a disclosure in substantially the following form:
FEE IN LIEU OF SECURITY DEPOSIT
THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH THE TENANT OR HIS OR HER GUESTS MAY CAUSE.THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP PAYING THE FEE AND INSTEAD PAY THE SECURITY DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA STATUTES.THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA STATUTES. IF THE LANDLORD USES ANY PORTION OF THE TENANT’S FEE TO PURCHASE INSURANCE, THE TENANT IS NOT INSURED AND IS NOT A BENEFICIARY OF SUCH COVERAGE, AND THE INSURANCE DOES NOT CHANGE THE TENANT’S FINANCIAL OBLIGATIONS UNDER THE RENTAL AGREEMENT.THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
(5) A fee in lieu of a security deposit may be:
(a) A recurring monthly fee, payable on the same date that the rent payment is due under the rental agreement; or
(b) Payable upon a schedule that the landlord and tenant choose and as specified in the written agreement.
(6) A fee collected under this section, or an insurance product or a surety bond accepted, by a landlord in lieu of a security deposit is not a security deposit as defined in s. 83.43(12).
(7) A landlord has exclusive discretion as to whether to offer tenants the option to pay a fee in lieu of a security deposit and is not required to offer such fee option to tenants. However, if a landlord offers a tenant an option to pay a fee in lieu of a security deposit, the landlord may not use a prospective tenant’s choice to pay, or offer to pay, a fee in lieu of a security deposit as criteria in the determination to approve or deny an application for occupancy, and the landlord must also offer all new tenants renting a dwelling unit on the same premises the option to pay a fee in lieu of a security deposit, unless the landlord chooses to prospectively terminate the fee option for all new rental agreements.
(8)(a) This section does not:
1. Require a fee collected in lieu of a security deposit to be used to purchase an insurance product or a surety bond; or
2. Prohibit a tenant from being offered or sold an insurance product or a surety bond to present to the landlord in lieu of a security deposit if the offer or sale of such insurance product or surety bond complies with the laws of this state.
(b) Acceptance by a landlord of an insurance product or a surety bond that is purchased or procured by a tenant, a landlord, or an agent of the landlord may not be considered an offer on the part of the landlord to allow a tenant to pay a fee in lieu of a security deposit for the purposes of subsection (7).
(9) This section applies to rental agreements entered into or renewed on or after July 1, 2023.
Source Link - 2 Fla. Stat. § 83.49(1)
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Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or
(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord’s agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.
Source Link - 3 Fla. Stat. § 83.49(2)
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The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit. Subsequent to providing such written notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she must notify the tenant within 30 days after the change as provided in paragraphs (a)-(d). The landlord is not required to give new or additional notice solely because the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to give this notice is not a defense to the payment of rent when due. The written notice must:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held or state that the landlord has posted a surety bond as provided by law.
(c) State whether the tenant is entitled to interest on the deposit.
(d) Contain the following disclosure:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
Source Link - 4 Fla. Stat. § 83.49(3)
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The landlord or the landlord’s agent may disburse advance rents from the deposit account to the landlord’s benefit when the advance rental period commences and without notice to the tenant. For all other deposits:
(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to_______. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, constitutes compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
Source Link - 5 Fla. Stat. § 83.49(9)
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In those cases in which interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month’s rent, the interest due to the tenant at least once annually. However, no interest shall be due a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term.
Source Link - 6 Fla. Stat. § 83.49(7)
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Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records to the new owner or agent, and upon transmittal of a written receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There is a rebuttable presumption that any new owner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month’s rent. This subsection does not excuse the landlord or agent for a violation of other provisions of this section while in possession of such deposits.
Source Link
