Your security deposit is your money. You earned it, you paid it, and Florida law gives you the right to get it back when your tenancy ends — unless your landlord can prove a legitimate reason to keep some or all of it.

The problem is that many landlords in Florida do not follow the rules. They miss deadlines, make improper deductions, or simply keep the deposit and hope the tenant does not know their rights.

This guide covers everything you need to know about Florida security deposit law — what landlords can charge, what they can legally deduct, the deadlines they must meet, and what you can do when they break the rules.

At Korte and Associates, we handle security deposit cases on a pure contingency basis — you pay nothing unless we recover money for you.

Florida law does not cap the amount a landlord can charge for a security deposit. However, the deposit must be held properly and returned according to strict legal rules.

Most landlords in Florida charge the equivalent of one to two months of rent as a security deposit. Some charge more for furnished units or tenants with pets.

Florida law requires landlords to hold security deposits in one of three ways:

• In a separate non-interest-bearing account in a Florida bank
• In a separate interest-bearing account in a Florida bank, in which case the tenant receives at least 75% of the annualized interest rate or 5% simple interest annually
• By posting a surety bond with the clerk of circuit court

Within 30 days of receiving your deposit, your landlord must give you written notice of the method being used to hold it, the name and address of the financial institution, and whether the account is interest-bearing.

If your landlord fails to provide this notice, it may affect their ability to make deductions from your deposit.

This is where many landlords in Florida violate the law. The deadlines are strict and the consequences for missing them are significant.

Under Florida law:

• If your landlord does not intend to make any deductions, they must return your deposit within 15 days of you vacating the property.
• If your landlord intends to make deductions, they must send you written notice by certified mail within 30 days of you vacating, itemizing the deductions they intend to make.

If your landlord fails to send the required notice within 30 days, they forfeit their right to make any deductions and must return your full deposit.

For a full explanation of these deadlines, see: How Long Does a Landlord Have to Return a Security Deposit in Florida?.

Florida law allows landlords to deduct from your security deposit for:

• Unpaid rent
• Damage to the property beyond normal wear and tear
• Cleaning costs if the unit was left significantly dirtier than when you moved in
• Other costs specifically allowed by your lease

The key phrase is beyond normal wear and tear. Landlords cannot charge you for ordinary deterioration that comes from living in a property — things like minor scuffs on walls, small nail holes, worn carpet in high-traffic areas, or faded paint.

For a detailed breakdown of what counts as normal wear and tear versus actual damage, see: What Can a Landlord Deduct From Your Security Deposit in Florida?.

If your landlord fails to return your deposit within the required timeframe, sends an improper notice, or makes deductions they are not entitled to make, Florida law gives you the right to sue.

Under Florida Statute 83.49, a landlord who wrongfully withholds a security deposit may be liable for:

• The full amount of the deposit wrongfully withheld
• Additional damages in some circumstances
• Your attorney's fees and court costs

The attorney's fees provision is important. It means that in many cases, your landlord — not you — ends up paying the cost of the lawsuit.

For step-by-step guidance on what to do when your landlord keeps your deposit, see: What to Do If Your Landlord Keeps Your Security Deposit in Florida.

The best time to protect your security deposit is before you move out, not after. Here are the most important steps:

• Document the condition of the unit thoroughly before you move in. Take photos and video of every room, every wall, every appliance.
• Keep a copy of your move-in inspection report if one was provided.
• Give proper written notice before vacating. Check your lease for the required notice period.
• Clean the unit thoroughly before handing over the keys.
• Document the condition of the unit again when you move out. Date-stamp your photos and video.
• Return all keys and get written confirmation of the date you vacated.
• Provide your landlord with a forwarding address in writing. Florida law requires this for the deposit return.

The more documentation you have, the harder it is for your landlord to make improper deductions.

Frequently Asked Questions