Security deposits generate more landlord-tenant fights than almost anything else in Florida rentals, and the rules in Section 83.49 of the Florida Statutes are unforgiving about deadlines. The good news: the system is mechanical. Know the two clocks and the required wording, and you stay on the right side of it.
While the Tenant Lives There: Where the Money Sits
Florida requires deposits and advance rent to be held properly: in a separate non-interest-bearing Florida account, an interest-bearing Florida account (with interest owed to the tenant), or backed by a surety bond.
You cannot mix deposit money with your personal funds or spend it during the tenancy. Landlords renting five or more units must also give tenants written notice of how and where the deposit is held.
Clock One: 15 Days to Return
If you do not intend to keep any of the deposit, you have 15 days after the tenant moves out to return it (with interest, if any accrued).
Simple, but the clock starts at move-out — not when you finish repairs, not when the unit re-rents.
Clock Two: 30 Days to Claim — By Certified Mail, With the Right Words
If you intend to keep some or all of the deposit, you must send the tenant written notice within 30 days of move-out, by certified mail to the tenant's last known address, stating your intention and the reason.
The statute prescribes the notice wording — including telling the tenant they have 15 days to object in writing. Send it late, send it by regular mail, or skip the required language, and you generally forfeit the right to impose the claim and must return the deposit. Real damage to the unit does not rescue a blown deadline.
Set It Up Correctly in the Lease
Section 83.49 also requires leases that take a deposit to carry a specific disclosure about these very rules, printed in the statutory wording.
Legacy Legal AI's Florida lease includes that disclosure word for word, along with the radon disclosure and the federal lead-paint disclosure for pre-1978 homes — the paperwork trio that protects a deposit claim before there is ever a dispute.
Frequently Asked Questions
Can I deduct for normal wear and tear?
No. Deposits cover damage beyond normal wear and tear, unpaid rent, and other lease breaches — not the ordinary aging of carpet and paint from someone simply living there.
What if the tenant doesn't leave a forwarding address?
Send the certified-mail notice to the tenant's last known address — which can be the rental unit itself if that is all you have. What matters is sending the compliant notice on time.
What happens if the tenant objects to my claim?
If the tenant objects in writing within 15 days, the dispute is headed for negotiation or small claims court. Good move-in/move-out photos and a signed condition checklist usually decide these cases.