State law file

Security deposit law in Florida

Based on Fla. Stat. § 83.49 · Verified 2026-06-11

Last updated: April 2026Researched by DepositHawk Research Team

15 days

to return your deposit after move-out

Florida tenants can recover their full deposit plus court costs and attorney fees under Fla. Stat. § 83.49.

Under Fla. Stat. § 83.49, landlords in Florida must return security deposits within 15 days of move-out. Landlords must provide an itemized statement of deductions within 30 days.

Source: Fla. Stat. § 83.49. Verified 2026-06-11.

Florida security deposit at a glance

Return deadline: 15 days after move-out
Penalty for late return: Actual damages + additional penalty
Statute: Fla. Stat. § 83.49
Max deposit: No statutory limit
Itemized statement required: Yes (within 30 days)
Walk-through required: No
Interest on deposit: Yes (0.75%/yr)
Small claims limit: $8,000
Filing fee: ~$100
Statute of limitations: 5 years

Your rights under Fla. Stat. § 83.49

Under Fla. Stat. § 83.49, landlords in Florida must return a tenant's security deposit — or the balance after lawful deductions — within 15 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 30 days. Failure to provide this statement is independently actionable.

If a landlord fails to return the deposit within 15 days, Florida law allows tenants to recover the withheld amount plus court costs and attorney fees.

Florida requires landlords to pay interest on security deposits held for longer tenancies. The current rate is approximately 0.75% per year. Interest must be paid when the deposit is returned.

What Florida landlords can — and can't — deduct

If your landlord charged you for anything in the right-hand column, you have grounds to dispute it under Fla. Stat. § 83.49.

Can deduct

Unpaid rent
Damage beyond normal wear and tear
Cleaning if lease requires and unit was left dirty
Lease-break fees if specified in lease
Costs to replace items tenant removed or kept

Permissible under Florida law when properly documented.

Cannot deduct — illegal

Normal wear and tear (minor scuffs, small nail holes, faded paint)
Carpet replacement after useful life (typically 7-10 years)
Painting after 2+ year tenancy (normal wear)
Pre-existing damage not noted at move-in
Upgrades or improvements beyond restoring to original condition
Costs to fix landlord deferred maintenance

Not a valid deduction — challenge it.

Small claims court in Florida

Court: County Court Small Claims Division
Claim limit: $8,000
Filing fee: ~$100

If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.

Frequently asked questions

How long does my landlord have to return my deposit in Florida?

Under Fla. Stat. § 83.49, landlords in Florida must return the security deposit within 15 days after the tenancy ends. They must also provide an itemized statement of any deductions within 30 days.

What happens if my Florida landlord doesn't return my deposit on time?

If a landlord fails to return the deposit within 15 days, Florida law allows tenants to recover the withheld amount plus court costs and attorney fees. You can send a formal demand letter and, if ignored, file in County Court Small Claims Division without an attorney.

Can my landlord deduct for normal wear and tear in Florida?

No. Under Fla. Stat. § 83.49, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Florida. Only damage beyond normal wear and tear is a valid deduction.

How do I file a small claims case for my security deposit in Florida?

File in County Court Small Claims Division in the county where the rental property is located. The filing fee is approximately $100, and Florida's small claims limit is $8,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.

Check if your landlord owes you money

Now that you know your Florida rights — find out if your landlord violated them.

Check my rights — free

Free. Takes 2 minutes. Real statute citations.

Researching a specific landlord? Check the DepositHawk landlord ratings database — search by name or property management company to see deposit return history.

More Florida Guides

Tenant Rights→Lease Red Flags→Rent Increase Laws→Deposit Interest→Utility Billing→Early Termination→Small Claims Guide→Rental Fees→Rent Payment Proof→Application Fees→Roommate Rights→Move-In Checklist→Move-Out Checklist→Deposit Return Deadlines→How to Get Your Deposit Back→

See what your state’s law says your landlord owes you, then generate a demand letter. Check my rights & generate my letter — $19

DepositHawk is not a law firm and does not provide legal advice. This information is based on Fla. Stat. § 83.49 as of 2026. Laws change. Verify current statutes at your state legislature's website. Consult a licensed attorney for advice specific to your situation.