Getting The Deposit Back
Fla. Stat. 83.49 — 15 days to return it, 30 days to claim from it
In Florida, a landlord holding a tenant's security deposit or advance rent keeps it in a separate account in a Florida financial institution, non interest bearing or interest bearing, or posts a surety bond instead. In an interest bearing account, the tenant receives at least 75 percent of the annualized average interest rate, or interest of 5 percent a year, simple interest, whichever the landlord elects.
| After the lease ends | What the landlord does |
|---|---|
| After the lease endsNo claim against the deposit | What the landlord doesReturns it, with any interest owed, within 15 days |
| After the lease endsA claim against the deposit | What the landlord doesWithin 30 days, sends written notice of the claim and the reason, by certified mail to the tenant's last known mailing address or by e-mail as the statute allows |
| After the lease endsNo notice sent within the 30 days | What the landlord doesForfeits the right to claim against the deposit, though the landlord may still sue for damages after returning it |
The tenant has 15 days to object in writing to a claim. Unless the tenant objects to the claim or its amount within 15 days after receiving the landlord's notice, the landlord may deduct it and sends the balance within 30 days after the date of the notice. Not objecting in time does not waive the tenant's right to seek damages in a separate action.
Unless a written rental agreement provides otherwise, a tenant who moves out before the end of the term, or out of a periodic tenancy, gives at least 7 days' written notice by certified mail or personal delivery, including an address where the tenant can be reached. Without that notice the landlord is relieved of the notice requirement for a claim, but the tenant does not give up any right to the deposit.
Whichever side goes to court over the deposit and prevails recovers court costs and a reasonable attorney's fee, and the court advances the case on its calendar. A landlord who rents five or more units gives written notice of how and where the deposit is held within 30 days of receiving it. Hotels and motels, and rent regulated public housing, are outside most of the section.
Sources for this section (1)
- Fla. Stat. 83.49 — Deposit money or advance rent; duty of landlord and tenant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.