Overview
Florida is one of the states that does not impose a statutory cap on the amount a landlord may collect as a security deposit. However, Florida law includes detailed requirements for how deposits must be held, how deductions must be communicated, and strict timelines for returning the deposit.
This guide covers everything landlords and tenants need to know about security deposits in Florida.
Deposit Limits
Florida law does not set a maximum amount for security deposits. Landlords may charge any amount they choose. In practice, most landlords charge between one and two months' rent.
However, Florida law strictly regulates how the deposit must be held. Landlords must choose one of three options:
- Non-interest-bearing account: Held in a separate account at a Florida banking institution
- Interest-bearing account: The landlord must pay the tenant interest annually at a rate of at least 75% of the annualized average interest rate or 5%, whichever is less, or credit the interest toward rent
- Surety bond: Posted with the clerk of the circuit court for the amount of the deposit, with the tenant receiving 5% interest per year
Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of the method of holding, including the name and address of the depository.
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Costs for repairing tenant-caused damage
- Cleaning: Costs to restore the unit to the condition at the start of the tenancy, minus normal wear and tear
- Other lease obligations: Any costs specified in the lease agreement
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls and floors
- Small nail holes from hanging pictures
- Worn carpet from regular foot traffic
- Faded paint from sunlight exposure
Damage beyond normal wear and tear includes:
- Large holes in walls or doors
- Stained, burned, or torn carpet or flooring
- Broken windows, fixtures, or appliances
- Excessive filth or pest damage from neglect
Return Timeline
Florida law sets specific timelines depending on whether the landlord intends to make deductions:
- 15 days: If the landlord does not intend to make any deductions, the full deposit must be returned within 15 days of the tenant vacating
- 30 days: If the landlord intends to make deductions, the landlord must send a written notice by certified mail within 30 days, itemizing the deductions and the amounts
The notice must include a specific statement informing the tenant that they have 15 days from receipt of the notice to object to the deductions. If the tenant does not object within 15 days, the landlord may deduct the claimed amounts and return the balance.
If the landlord fails to send the required notice within 30 days, the landlord forfeits the right to make any deductions and must return the full deposit.
Pre-Move-Out Inspection
Florida does not have a statutory requirement for a pre-move-out inspection. Landlords and tenants are encouraged to conduct a walkthrough and document the condition of the unit before the tenant moves out, as this can help prevent disputes over deductions.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a written objection within 15 days of receiving the landlord's notice of intent to claim deductions
- File a claim in County Court (small claims division handles cases up to $8,000)
- File a complaint with the Florida Department of Agriculture and Consumer Services
If the court finds the landlord acted in bad faith, the tenant may recover the full deposit amount plus court costs and attorney fees.