State Law Guide · Updated January 2026
Florida Security Deposit Laws
Under Florida Statutes § 83.49, Florida landlords must return security deposits within 15 days (no claim) or 30 days (with claim and written notice) of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Forfeiture of right to claim against deposit.
Quick Answer
In Florida, landlords have 15 days (no claim) or 30 days (with claim and written notice) to return your security deposit after you move out and provide a forwarding address. The maximum deposit is No statutory limit. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $8,000) and may recover Forfeiture of right to claim against deposit under Florida Statutes § 83.49. Landlords must provide an itemized statement of deductions.
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What Florida Law Requires
Return Deadline
Landlords have exactly 15 days (no claim) or 30 days (with claim and written notice) to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Forfeiture of right to claim against deposit. You can file in small claims court for amounts up to $8,000without needing an attorney.
Interest Requirements
Required only if landlord holds deposit for interest; 75% to tenant annually or 5% simple interest
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $600-2,0005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Interior Paint
Typical: $250-9003-year useful life per HUD Handbook 4350.1. Charges may be reduced or invalid based on how long you lived there.
AC/HVAC System
Typical: $200-80015-year useful life per IRS Publication 527. Charges may be reduced or invalid based on how long you lived there.
Hurricane Shutters/Damage
Typical: $100-500May be contestable depending on your lease terms and move-in condition.
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HUD/IRS Citations
Useful life depreciation built in
$19 · Avg Florida deposit: $1,650 · Potential 86x return
Frequently Asked Questions
How long does a Florida landlord have to return my deposit?
If no deductions: 15 days. If claiming deductions: landlord must send written notice within 30 days listing intended claims. Failure forfeits the right to withhold.
Does my Florida landlord have to pay interest on my deposit?
Only if they hold it in an interest-bearing account. Then you're entitled to 75% of annualized interest OR 5% simple interest.
What happens if my Florida landlord doesn't send the 30-day notice?
They forfeit the right to make any claims against your deposit. You're entitled to the full amount. This is strictly enforced by Florida courts.
Can I sue my Florida landlord for keeping my deposit?
Yes. Florida Small Claims Court handles disputes up to $8,000. You may also recover court costs if you prevail.
City-Specific Rules
Some Florida cities have additional tenant protections:
- Miami-Dade: Additional tenant protections under county ordinances.
- Tampa: Active tenant advocacy organizations for deposit disputes.
Official Resources
- Florida Attorney General Consumer Protection(Government)
- Florida Courts Self-Help(Court System)
Compare Other States
See how Florida's security deposit laws compare to nearby states:
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Based on Florida Statutes § 83.49 · HUD Handbook 4350.1 · IRS Publication 527