What the law requires when you pay, hold, or get back a residential rental deposit under Florida Statute § 83.49 — including the optional “fee in lieu of deposit” under § 83.491 and the newer rules that let a landlord send the move-out claim notice by e-mail.
At a glance
Florida sets no statutory cap on how large a residential security deposit can be.
A landlord must keep the deposit in a separate account or post a surety bond — never mixed with personal funds.
After move-out: 15 days to refund if there is no claim; 30 days to send written notice if the landlord claims part of it.
Once a tenant gets a claim notice, they have 15 days to object in writing.
A separate “fee in lieu of deposit” (§ 83.491) is optional and non-refundable — it is not a security deposit.
The law behind the deposit
Most residential rentals in Florida — apartments, single-family homes, condos, and duplexes — fall under Part II of Chapter 83, the Florida Residential Landlord and Tenant Act. The rules below come straight from that statute. They govern how a deposit is held, what disclosures the landlord owes, and the strict timeline both sides must follow at move-out.
§ 83.49
Deposit money or advance rent
The core rule: how a landlord must hold a deposit, the disclosure notice, and the 15- and 30-day move-out timelines.
§ 83.491
Fee in lieu of security deposit
An optional, non-refundable monthly fee a landlord may offer instead of a traditional up-front deposit (in effect since July 1, 2023).
§ 83.43
Definitions
Defines “security deposit” — money held to secure the tenant’s performance of the lease, separate from rent.
§ 83.505
Electronic notice
Recent amendments let a landlord deliver required deposit notices by e-mail when the lease authorizes electronic delivery.
How the deposit lifecycle works
1
Paying the deposit
There is no state-wide maximum, so the amount is set by the lease. Be careful to separate two ideas: a security deposit is held against damage or lease violations, while advance rent is rent for a future period. A landlord may move advance rent into their own account when that rental period begins, without notice — a security deposit is held differently.
2
How the landlord must hold it
The deposit must be kept one of three ways: a separate non-interest-bearing account in a Florida bank, a separate interest-bearing account, or a surety bond posted with the clerk of court. The landlord may never commingle the deposit with personal money. If an interest-bearing account is used, the tenant is paid interest at least once a year.
3
The disclosure notice
Within 30 days of receiving the deposit (or in the lease itself), the landlord must give written notice stating where the money is held and whether interest is owed. This particular disclosure does not apply to a landlord who rents fewer than five units — but the move-out return rules below apply to every landlord.
4
Move-out with no claim
If the landlord does not intend to keep any part of the deposit, they must return the full amount (plus any interest owed) within 15 days after the tenancy ends.
5
Move-out with a claim
If the landlord wants to keep part of the deposit, they must send a written notice of intent to impose a claim within 30 days of the tenancy ending — by certified mail to the tenant’s last known address, or by e-mail if the lease allows it. The notice must state the amount and reason, and use the warning language the statute requires.
6
The tenant’s 15-day objection window
After receiving a claim notice, the tenant has 15 days to object in writing. If the tenant does not object in time, the landlord may deduct the claimed amount and must send any remaining balance within 30 days of the notice. A timely written objection sets up a dispute the parties may need to resolve in small claims court.
7
If the landlord misses the 30-day deadline
A landlord who fails to send the claim notice within 30 days forfeits the right to deduct from the deposit and must return it. Important: this does not erase the underlying debt — the landlord can still file a separate lawsuit for actual damages after returning the money.
The “fee in lieu of deposit” option (§ 83.491)
Since July 1, 2023, Florida landlords may offer a tenant the choice to pay a recurring fee instead of a lump-sum deposit. It is the landlord’s choice whether to offer it — no one is required to. The key things to understand: the fee is not refundable, it is not a security deposit, and paying it does not reduce the tenant’s responsibility for unpaid rent or damage beyond normal wear and tear.
The agreement must be in writing, the fee amount cannot rise during the lease term, and the tenant can cancel at any time and switch to paying the regular deposit instead. If the landlord uses the fee to buy insurance, the tenant is not the insured party and gets no coverage from it.
Optional • Non-refundable • Written agreement required
The part people get wrong
The “fewer than five units” exception is narrow. Small landlords are excused only from the disclosure notice that says where the deposit is held. They are not excused from the 15-day refund rule, the 30-day claim-notice rule, or the duty to keep the money separate. Many tenants and small landlords assume the whole statute is off the table for a single-rental owner — it is not.
A missed deadline is not a windfall. When a landlord blows the 30-day notice, the right to deduct from the deposit is gone — but the tenant can still be sued separately for genuine damages. The deadline shifts the process, not the underlying responsibility.
Frequently asked questions
No. Florida law does not set a cap on the deposit amount. In practice one to two months’ rent is common, and higher amounts sometimes appear on furnished or higher-end rentals, but the statute itself leaves the figure to the lease. Be skeptical of any source claiming a “two months’ rent” legal limit — § 83.49 contains no such cap.
As general information: ordinary wear from everyday living — minor scuffs, faded paint, light carpet wear — is usually distinguished from tenant-caused damage like large holes, broken fixtures, or staining beyond normal use. The line is fact-specific and frequently disputed. Whether a particular deduction is proper depends on the condition records, the lease, and the specific facts, which is something to evaluate carefully.
The disclosure-of-location notice is required of landlords who rent five or more units. If your landlord was covered by that rule and skipped it, the statute notes that failing to give the notice is not a defense to paying rent — but it can matter in a dispute over the deposit. The return timelines still apply regardless. The official Florida court forms and your county clerk’s self-help resources can help you understand the small-claims path.
A security deposit secures the tenant’s performance of the lease, which can include unpaid rent as well as damage beyond normal wear and tear. The landlord still has to follow the claim-notice process and timeline to make any deduction. Whether a specific deduction is valid turns on the lease and the facts.
A security deposit is your money held in trust and refundable if you meet the lease terms. A “fee in lieu” under § 83.491 is a non-refundable charge you can choose to pay instead — you never get it back, and it does not reduce what you owe for rent or damage. It can lower the up-front cost of moving in, but the trade-off is that the money is gone. Read the written fee agreement closely before choosing it.
It can be. Recent amendments to § 83.49 now allow the move-out claim notice to be delivered by e-mail in accordance with § 83.505, in addition to certified mail — but generally only when the lease authorizes electronic notice and you provided an e-mail address for that purpose. Older articles that say “certified mail only” are out of date on this point.
These § 83.49 rules cover residential dwelling units under the Florida Residential Landlord and Tenant Act. Mobile-home lot tenancies are governed by a different chapter (Chapter 723), and short-term, transient, and certain other arrangements can fall outside Part II of Chapter 83 entirely. If your situation is one of these, the deposit rules may be different, which is worth confirming for your specific arrangement.
As general information, the typical self-help path is a written demand to the landlord followed, if needed, by a small-claims case. Florida’s official court forms are free at flcourts.gov, and your county clerk has a self-help center. For a disputed deposit — or any deduction you believe is wrong — it is reasonable to speak with a landlord-tenant attorney or your local legal aid office before deciding how to proceed, since the right approach depends on the facts and amounts involved.
This is general legal information, not legal advice. JusticeXpress Florida is a non-attorney legal document preparation service. We are not a law firm, we cannot represent you in court, and we cannot advise you about your legal rights, tell you which forms to use, or recommend a strategy for your situation. Statutes and deadlines change and apply differently to different facts; the descriptions above are summaries, not the full text of the law. For advice about your specific circumstances, consult a licensed Florida attorney or your local legal aid office. Free official Florida court forms are available at flcourts.gov, and the current statutes are at leg.state.fl.us.