How quickly must a Florida landlord return a security deposit?

Under §83.49(3)(a), within 15 days after termination of the rental agreement if the landlord does not intend to impose a claim. If a claim is intended, the landlord must instead send written notice of intent to impose the claim within 30 days, and the tenant then has 15 days to object.

What happens if the landlord misses the 30-day claim notice?

The landlord forfeits the right to impose a claim upon the security deposit and must return it — though §83.49(3)(a) preserves the ability to file a separate action for damages after returning the deposit.

Does Florida cap the security deposit amount?

No maximum amount is stated in §83.49; the amount is a matter for the rental agreement. The statute regulates how the deposit is held (separate account or bond, no commingling), the written holding notice, and the return and claim deadlines. Check local ordinances and program rules for your property.

Can the lease waive the deposit rules if both parties agree?

No. Under §83.47, a provision that purports to waive or preclude the rights, remedies or requirements of Part II of Chapter 83 is void and unenforceable, and the §83.56 notice requirements likewise may not be waived in the rental agreement.

Florida Lease Agreement

A Florida residential lease is governed by Part II of Chapter 83, Florida Statutes. The lease sets the rent, term and house rules — but §83.49's security deposit procedure runs on its own statutory deadlines from the day the money is received, and §83.47 makes some lease clauses void no matter what the parties signed.

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What it is

A Florida lease agreement (rental agreement) is the contract between a landlord and a tenant for a dwelling unit: the parties, the property, the term, the rent, the deposit, and each side's duties. Part II of Chapter 83 supplies the rules the lease cannot change — good faith, the ban on provisions that waive the statute, and the deposit holding, notice and return procedure in §83.49.

When to use it

Renting a Florida house, condo or apartment to a new tenant on a written lease
Renewing a tenancy — §83.49(6) treats a renewal as a new rental agreement, and a deposit carried forward as a new security deposit
Reviewing an existing lease for clauses §83.47 makes void before you rely on them
Setting up your deposit handling at move-in, so the §83.49 notices and deadlines are diarised from day one

What to include — checklist

Print this page to use the checklist on paper.

Names of the landlord (or authorised agent) and every adult tenant, and the property address including unit and county
The term: start date, end date, and what happens at the end — renewal, or a tenancy without a specific duration governed by §83.57's notice periods
Rent amount, due date, where and how rent is paid, and any late charge the agreement states
The security deposit and any advance rent stated as separate amounts — §83.49 regulates money deposited as security and rent advanced beyond the next immediate rental period
How the deposit will be held — a separate non-interest-bearing account, a separate interest-bearing account, or a surety bond — because the §83.49(2) written notice must state it
The §83.49(2) deposit disclosure itself: deliver it in the lease or within 30 days after receiving the deposit or advance rent
Each party's maintenance duties, consistent with the landlord duties in §83.51 and the tenant duties in §83.52 — a clause cannot waive them (§83.47)
Rules on guests, vehicles, pets and premises care that you will actually enforce — §83.56 ties cure and termination notices to material lease provisions
The federal lead-based paint disclosure for most housing built before 1978
Signatures and date, with a signed copy and the deposit paperwork kept with the lease file

Florida-specific requirements

Florida Statutes §83.44: every rental agreement or duty within Part II of Chapter 83 imposes an obligation of good faith in its performance or enforcement.
Section 83.47: a provision in a rental agreement is void and unenforceable to the extent that it purports to waive or preclude the rights, remedies or requirements set forth in Part II, or to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord arising under law. If such a provision is included in an agreement entered into, extended or renewed after the part's effective date, the aggrieved party may recover actual damages suffered as a result of its inclusion.
Section 83.49(1): deposit money and advance rent (beyond the next immediate rental period) must be held one of three ways — in a separate non-interest-bearing account in a Florida financial institution; in a separate interest-bearing account in a Florida financial institution (in which case the tenant receives at least 75 percent of the annualized average interest rate payable on the account, or 5 percent per year simple interest, whichever the landlord elects); or covered by a surety bond posted as the section provides, with 5 percent per year simple interest paid to the tenant. The money may not be commingled with the landlord's other funds or used until it is actually due the landlord.
Section 83.49(2): the landlord must give the tenant written notice of how the deposit or advance rent is held — in the lease agreement or within 30 days after receipt. The notice states the name and address of the depository (or that a surety bond is posted), whether the tenant is entitled to interest, and contains the statutory deposit disclosure set out in the section. A change in the manner or location of holding must be notified within 30 days after the change. This subsection does not apply to a landlord who rents fewer than five individual dwelling units.
Section 83.49(3)(a): when the tenancy ends, if the landlord does not intend to impose a claim on the deposit, the deposit (with interest if required) must be returned within 15 days after termination of the rental agreement. If the landlord intends to impose a claim, the landlord must give written notice of the intention and the reason within 30 days after termination, by certified mail to the tenant's last known mailing address or by e-mail in accordance with §83.505. Missing the 30-day notice forfeits the right to impose a claim on the deposit — the landlord must return it, though an action for damages may still be filed afterwards.
Section 83.49(3)(b): the tenant has 15 days after receipt of the landlord's notice to object to the claim. If the tenant does not object in time, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice of intention to impose a claim.
Section 83.49(9): where interest is payable, it must be paid to the tenant directly, or credited against the current month's rent, at least once annually — except that no interest is owed to a tenant who wrongfully terminates before the end of the rental term.
Section 83.49 states no maximum amount for a residential security deposit; the amount is set by the rental agreement. What the statute controls is how the money is held, disclosed, and returned — check local ordinances and any housing-program rules that cover the property before setting a figure.

Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

Depositing the security deposit into the operating account — §83.49(1) requires a separate account or a bond, and bars commingling
Never sending the §83.49(2) holding notice within 30 days of receiving the money
Putting a clause in the lease that waives a Part II right or caps a party's liability — §83.47 makes it void and can expose the party who included it to actual damages
Waiting past 15 days to return a deposit when no claim is intended, or past 30 days to send the notice of intent to impose a claim — the claim right is forfeited
Deducting the claim without the certified-mail (or §83.505 e-mail) notice in the statutory form
Forgetting that a renewal is a new rental agreement under §83.49(6) — the deposit paperwork should be refreshed with it

Where landlords get this form

These providers publish Florida-specific landlord forms and document tools, including lease agreements. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.

Provider	Best described as	What to check before you buy
LawDepot	DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's lease agreement builder	Whether the Florida version is included in a free trial, subscription, or single-document price.
ezLandlordForms	Landlord-focused forms library built specifically around rentals, screening and state lease packages.	Whether you need a single form or its Florida state package, and what updates are included.
Rocket Lawyer	Document builder bundled with membership options that can include attorney Q&A services.	What the membership includes after any trial, and how cancellation works.
LegalZoom	Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents.	Whether the exact landlord form you need is offered for Florida, versus a business product.

Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.

State packs — coming soon

Printable state packs are planned for this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return. Nothing is for sale yet.

Coming soon — not yet for sale

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Frequently asked questions

How quickly must a Florida landlord return a security deposit?: Under §83.49(3)(a), within 15 days after termination of the rental agreement if the landlord does not intend to impose a claim. If a claim is intended, the landlord must instead send written notice of intent to impose the claim within 30 days, and the tenant then has 15 days to object.
What happens if the landlord misses the 30-day claim notice?: The landlord forfeits the right to impose a claim upon the security deposit and must return it — though §83.49(3)(a) preserves the ability to file a separate action for damages after returning the deposit.
Does Florida cap the security deposit amount?: No maximum amount is stated in §83.49; the amount is a matter for the rental agreement. The statute regulates how the deposit is held (separate account or bond, no commingling), the written holding notice, and the return and claim deadlines. Check local ordinances and program rules for your property.
Can the lease waive the deposit rules if both parties agree?: No. Under §83.47, a provision that purports to waive or preclude the rights, remedies or requirements of Part II of Chapter 83 is void and unenforceable, and the §83.56 notice requirements likewise may not be waived in the rental agreement.