Florida landlords who understand Florida security deposit law often avoid stressful disputes over storage, interest, deductions, and returns. This guide explains every key requirement, including maximum amounts landlords can collect, how to store deposits, whether interest applies, legal reasons to deduct, returning deposits, handling disputes, and more.
Statutes Regulating Florida Security Deposits
Florida’s security deposit rules are located in Section 83.49, Part II of the Florida Statutes, which outline how landlords collect, hold, and return residential deposits.
Maximum Security Deposit Amounts Under Florida Law
Florida law does not set a maximum security deposit amount, so landlords can choose a reasonable figure they believe fits their properties and market. This lack of a deposit cap applies to all lease terms and types, and Florida does not impose separate limits on furnished units, long-term agreements, or similar rental situations.
Florida does not offer exceptions to security deposit maximums, and no Florida city or county enforces local limits that override state rules.
Security Deposit Storage Regulations
Florida law requires landlords to store security deposits through one of three approved methods: a separate noninterest-bearing account, an interest-bearing account in a Florida bank, or a posted surety bond. Upon storage, landlords must notify tenants within 30 days of where they’re holding the deposit and which method they chose.
For example, a landlord cannot place a tenant’s deposit into a personal or operating account that mixes unrelated funds, because Florida rules allow commingling only when the landlord posts a surety bond.
Security Deposit Interest in Florida
Florida landlords do not have to place security deposits in interest-bearing accounts, since state law offers several storage options that do not require landlords to generate or pay interest.
Making Security Deposit Deductions
Landlords maintain the overall condition of their rentals when they make lawful deductions from security deposits. Tenants sometimes default on rent or leave damage beyond normal wear and tear, and landlords need reliable funds to make themselves whole during these situations.
When Landlords Can Deduct
Florida landlords may deduct from a tenant’s security deposit for the following reasons:
- Damage beyond normal wear and tear that requires repair
- Unpaid rent that remains due at the end of the tenancy
- Replacement of rental items that the tenant removed or damaged
- Cleaning costs needed to restore the unit to its original condition
- Lease violations that create financial loss or require repairs
When Landlords Can’t Deduct
Florida landlords may not deduct from a tenant’s security deposit for the following reasons:
- Routine maintenance tasks that fall under standard landlord responsibilities
- Minor wear consistent with ordinary residential use by tenants
- Repairs needed because appliances, fixtures, or materials aged over time
- Issues caused by structural defects or conditions outside the tenant’s control
- Costs tied to upgrades or improvements rather than restoration
Necessary Documentation to Accompany Deductions
Florida law requires landlords to send tenants an itemized written claim that lists each proposed deduction and the amount withheld. State rules do not require landlords to attach receipts, invoices, or other supporting documents. Landlords may share additional materials if they choose, but Florida statutes do not mandate them.
What to Do When Deductions are Greater Than the Deposit
Sometimes tenants leave damage that exceeds the security deposit amount. When this occurs, landlords may seek the remaining balance from the former tenant after sending the required itemized claim within 30 days of the claim’s submission. Florida law does not set a separate deadline for collecting amounts beyond the deposit.
If landlords cannot recover the remaining balance, they may file a claim through the Florida small claims court or send a collection agency after the tenant.
Returning Security Deposits to Tenants
Florida law sets clear rules for how landlords return any remaining portion of a tenant’s security deposit after applying valid deductions. These guidelines help landlords issue accurate refunds and reduce the risk of disputes.
Required Timeline for Return
Florida landlords must return a tenant’s full security deposit within 15 days after the tenant vacates and hands back possession, with no deductions. If the landlord plans to deduct, they must send an itemized written claim within 30 days of move-out. The timeline starts once the tenant leaves and surrenders the rental unit.
Method for Return
A Florida landlord may send the refund by check or another payment method both sides agree to use. When deductions apply, the landlord must include an itemized written claim that lists each charge and the amount withheld. If no deductions apply, the landlord only needs to send the refund amount.
Penalties for Late Return
Florida landlords who miss the required deadlines or fail to follow deduction rules lose the right to keep any of the deposit. In addition to owing owe tenant the entire deposit, courts may award attorney fees if the landlord violates statutory requirements.
Security Deposit Disputes
Tenants who disagree with how a landlord handles their security deposit hold the right to raise a dispute. They often start by responding to the landlord’s itemized claim, requesting clarification, or sharing evidence. If they can’t resolve the issue with the landlord directly, they may pursue mediation or file a claim in court.
As a landlord, prepare for security deposit disputes by using move-in and move-out checklist tools, staying current with accounting and bookkeeping, and including clear terms in your lease agreement. Strong documentation, strict attention to Florida deadlines, and a solid grasp of state rules will go a long way toward protecting your investments.
Using Condition Reports to Document Damage
Landlords in Florida who manage security deposits should always use move-in and move-out condition reports to create a snapshot of a unit’s condition, track changes over time, and reduce disputes surrounding property damage.
To do so, consider using property management software to create digital reports, including photos and videos, from your smartphone. Thorough documentation before move-in and after move-out supports clear, non-negotiable security deposit deductions.
Sign up for a free TurboTenant account to simplify documentation and strengthen every stage of the rental process.
FAQs: Florida Security Deposit Law
Can a landlord deduct painting from a security deposit in Florida?
A Florida landlord may deduct painting costs only when the tenant leaves damage that goes beyond normal wear and tear. Routine repainting that keeps the unit in rentable shape counts as standard maintenance and does not justify taking money from the tenant’s security deposit.
Are nail holes considered normal wear and tear in Florida?
Small nail holes generally qualify as normal wear and tear in Florida, so landlords cannot deduct for them. Larger holes or wall damage that requires repairs beyond routine turnover work may qualify for deductions if the tenant created the excessive damage.
Who has to pay for carpet cleaning in Florida, the landlord or the tenant?
A Florida landlord may deduct carpet-cleaning costs only when a tenant leaves stains, damage, or heavy soil beyond ordinary use. Routine carpet cleaning between tenants remains the landlord’s responsibility and does not qualify as a deductible charge against the tenant’s security deposit.
What happens if a landlord doesn’t return a security deposit within 15 days in Florida?
When a Florida landlord fails to return the deposit within 15 days with no deductions, or fails to send an itemized claim within 30 days when deductions apply, the landlord loses the right to keep any portion of the deposit and may also face liability for attorney fees.
