If you only remember one point about getting a security deposit back in Florida, remember this: The cap is No statewide cap. The return deadline is 15 days if no claim on the deposit; 30 days if the landlord makes a claim, with written notice of the claim amount. Interest: Interest is required only if the landlord elects to hold the deposit in an interest-bearing account (or posts a surety bond alternative); otherwise no interest. Procedure, examples, and the opinions below hang off Fla. Stat. § 83.49. Failure to comply with notice/return rules can forfeit the landlord’s right to the deposit and support damages under § 83.49.
Interest and accounting
Interest is required only if the landlord elects to hold the deposit in an interest-bearing account (or posts a surety bond alternative); otherwise no interest.
Walking through Florida facts
Use this walkthrough to see which Florida authority does the work at each step.
A residential tenant moves out of a Florida rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 15 days if no claim on the deposit; 30 days if the landlord makes a claim, with written notice of the claim amount
- Interest, if any: Interest is required only if the landlord elects to hold the deposit in an interest-bearing account (or posts a surety bond alternative); otherwise no interest.
- If the landlord keeps money without the required accounting: Failure to comply with notice/return rules can forfeit the landlord’s right to the deposit and support damages under § 83.49.
Florida does not cap residential security deposits statewide. Fla. Stat. § 83.49 requires notice of how the deposit is held and sets 15- or 30-day return tracks with claim notice. Tenants should send a forwarding address by certified mail. County court is the usual forum.
Penalties for wrongful withholding
Failure to comply with notice/return rules can forfeit the landlord’s right to the deposit and support damages under § 83.49.
Practical process for tenants and landlords
Florida does not cap residential security deposits statewide. Fla. Stat. § 83.49 requires notice of how the deposit is held and sets 15- or 30-day return tracks with claim notice. Tenants should send a forwarding address by certified mail. County court is the usual forum.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Florida
Lewis v. Guthartz
Lewis v. Guthartz, 428 So. 2d 222 (1982)
…s agreement, monthly rental rates were fixed by the FHA and security deposits limited to one month's rent. The Tenants sued, claiming inter alia, that the Landlord charged excessive rents and security deposits. They sought restitution, injunctive relief, and attorneys' fees. They also sought punitive damages based upon: illegal rent increases; illegal retention *223 of excess s…
Florida opinions such as Lewis v. Guthartz are cited where security deposits is disputed. The court stated: "FHA and security deposits limited to one month's rent. The Tenants sued, claiming inter alia, that the Landlord charged excessive rents and security deposits. They sought restitution, injunctive relief, and attorneys' fees." That is the language to brief; the rest of the decision supplies the procedural posture.
Durene v. Alcime
Durene v. Alcime, 448 So. 2d 1208 (1984)
…etitioner was the plaintiff below in an action to recover a security deposit held by defendant landlord. Petitioner vacated the subject residential property the first week of September, 1982 and requested in writing the return of a $300 security deposit. October 6, 1982, the petitioner filed suit in Dade County Court for the return of the money. Trial was set for December 7, 19…
Florida opinions such as Durene v. Alcime are cited where security deposits is disputed. The court stated: "Petitioner vacated the subject residential property the first week of September, 1982 and requested in writing the return of a $300 security deposit. October 6, 1982, the petitioner filed suit in Dade County Court for the return of the money." That is the language to brief; the rest of the decision supplies the procedural posture.
WPB, LTD. v. Supran
WPB, LTD. v. Supran, 720 So. 2d 1091 (1998)
…ntrols a commercial lease which provides that interest on a security deposit "shall accrue to the tenant," but fails to discuss the rate at which the interest will accrue. We hold that the statute applies to supply the interest rate in such a case, and affirm. In 1989, appellee George Supran entered into a commercial lease with appellant/landlord WPB, Ltd. The lease term was fr…
Practitioners open WPB, LTD. v. Supran when Florida security deposits turns on the distinction in this sentence: "We hold that the statute applies to supply the interest rate in such a case, and affirm. In 1989, appellee George Supran entered into a commercial lease with appellant/landlord WPB, Ltd." Do not lift it out of the facts the court was deciding.
Nardi v. Continental Nat. Bank
Nardi v. Continental Nat. Bank, 1990 Fla. App. LEXIS 2228 (1990)
…N Security Escrow Account," which was used to hold tenants' security deposits from the various properties. Apart from the bank accounts opened on behalf of the landlords, Geovest also maintained its own banking relationship with Continental. Over a period of time Geovest borrowed approximately $60,000 from the bank. The loans were used for Geovest's own purposes, entirely unrel…
Florida opinions such as Nardi v. Continental Nat. Bank are cited where security deposits is disputed. The court stated: "N Security Escrow Account,' which was used to hold tenants' security deposits from the various properties. Apart from the bank accounts opened on behalf of the landlords, Geovest also maintained its own banking relationship with Continental." That is the language to brief; the rest of the decision supplies the procedural posture.
ATLANTIS ESTATE ACQUISITIONS, INC. v. Anthony DePIERRO and Brooks Rose-DePierro
…/10/08 Advance rent for.11 months ⅜ $60,500 due 3/10/08 Security deposit $ 5,500 due 3/10/08 Other Pet Deposit $ 500 due 3/10/08 When the tenants signed the lease they paid to the landlord a total of $72,000, which consisted of the $66,000 rental amount plus the security and pet deposits. After the tenants moved into the property in March with their two teenage sons, the la…
ATLANTIS ESTATE ACQUISITIONS, INC. v. Anthony DePIERRO and Brooks Rose-DePierro is worth reading on Florida security deposits because the court put the point in its own words: "Security deposit $ 5,500 due 3/10/08 Other Pet Deposit $ 500 due 3/10/08 When the tenants signed the lease they paid to the landlord a total of $72,000, which consisted of the $66,000 rental amount plus the security and pet deposits." Use that passage as the starting point, then read the facts that precede it.
THE FLORIDA BAR RE APPROVAL OF FORMS PURSUANT TO RULE 10-1.1(b) OF THE RULES REGULATING THE FLORIDA BAR
…t of Possession; 13) Notice of Intention To Impose Claim On Security Deposit; 14) Satisfaction of Mortgage; 15) Satisfaction of Judgment-County Court; 16) Satisfaction of Judgment — Circuit Court; 17) Document For Sale of Goods. We approve and authorize the publication of forms 2 through 17, as listed above. However, we reserve ruling on form 1, the Residential Lease (For A Ter…
THE FLORIDA BAR RE APPROVAL OF FORMS PURSUANT TO RULE 10-1.1(b) OF THE RULES REGULATING THE FLORIDA BAR is worth reading on Florida security deposits because the court put the point in its own words: "Possession; 13) Notice of Intention To Impose Claim On Security Deposit; 14) Satisfaction of Mortgage; 15) Satisfaction of Judgment-County Court; 16) Satisfaction of Judgment — Circuit Court; 17) Document For Sale of Goods." Use that passage as the starting point, then read the facts that precede it.
AMERICAN LINENS, INC. v. VENMALL INTERNATIONAL GROUP
AMERICAN LINENS, INC. v. VENMALL INTERNATIONAL GROUP, 1994 Fla. App. LEXIS 11020 (1994)
…the defendant/tenant filed a counterclaim for return of its security deposit, civil theft, and breach of contract. The trial court found that the defendant/tenant owed $5,325 in back rent and taxes for breach of an oral lease, but was otherwise entitled to a return of its security deposit totaling $12,834. Accordingly, the trial court entered a final judgment in favor of defend…
On security deposits, AMERICAN LINENS, INC. v. VENMALL INTERNATIONAL GROUP speaks to the Florida dispute in this passage: "The trial court found that the defendant/tenant owed $5,325 in back rent and taxes for breach of an oral lease, but was otherwise entitled to a return of its security deposit totaling $12,834." The surrounding opinion shows how the court applied that language to the record.
Vladimir PLAKHOV v. Tatiana SEROVA
Vladimir PLAKHOV v. Tatiana SEROVA, 2012 Fla. App. LEXIS 18503 (2012)
…— $4400 for the first and last month’s rent and $2200 as a security deposit. The lease did not limit the type of damages to which the security deposit could be applied. The Landlord deposited the security deposit in an account with her real estate management company. The Tenant paid $2200 rent for December and $900 rent for January. The Tenant stopped paying rent because he be…
Vladimir PLAKHOV v. Tatiana SEROVA is worth reading on Florida security deposits because the court put the point in its own words: "The lease did not limit the type of damages to which the security deposit could be applied. The Landlord deposited the security deposit in an account with her real estate management company. The Tenant paid $2200 rent for December and $900 rent for January." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 15 days if no claim on the deposit; 30 days if the landlord makes a claim, with written notice of the claim amount
- Interest: Interest is required only if the landlord elects to hold the deposit in an interest-bearing account (or posts a surety bond alternative); otherwise no interest.
- Penalties: Failure to comply with notice/return rules can forfeit the landlord’s right to the deposit and support damages under § 83.
- Primary authority: Fla. Stat. § 83.49.
Deposit limits in Florida
No statewide cap
When the deposit must be returned
15 days if no claim on the deposit; 30 days if the landlord makes a claim, with written notice of the claim amount
Frequently asked questions
How much can a landlord charge for a security deposit in Florida?
No statewide cap
How long does a landlord have to return my deposit?
15 days if no claim on the deposit; 30 days if the landlord makes a claim, with written notice of the claim amount
What if my landlord keeps the deposit without an itemized list?
Failure to comply with notice/return rules can forfeit the landlord’s right to the deposit and support damages under § 83.49.
This guide covers Florida residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.