Florida · Security deposit

How big can the deposit be in Florida?

No limit set by state law.

Why, and the exact law

The landlord must return it in 15 days or send a claim notice in 30 days.

From Fla. Stat. § 83.49, read Oct 6, 2026.
Show the law

“If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit …”

Fla. Stat. § 83.49 · leg.state.fl.us

Moved out? Count the days

In Florida the landlord has 30 days to return it.

Who can help

  1. Get free legal helpThey can help you ask for it, or go to small claims court.Florida Law Help
Every rule here, word for word (2)

This page covers state law only. Cities with their own rules have their own pages.

Florida lawIn force

Deposit money or advance rent; duty of landlord and tenant

How big can the deposit be?

No limit set by state law.

The landlord must return it in 15 days or send a claim notice in 30 days.

Who it covers

  • Exemptions: Transient hotel/motel rentals; rent or deposits regulated by a public body, including public housing and federal programs. Written-notice requirement in subsection (2) does not apply to landlords renting fewer than five units.
In force since
1969
The law, word for word

“If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit …”

Fla. Stat. § 83.49 · leg.state.fl.us · Retrieved Oct 6, 2026

Florida lawIn force

State preemption of local security deposit regulation

Can my city add deposit rules?

No. Only Florida law sets deposit rules.

State law overrides any city or county rule on security deposits.

In force since
2023
The law, word for word

“This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies; security deposits;”

Fla. Stat. § 83.425 · leg.state.fl.us · Retrieved Oct 6, 2026

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Information about the law, not legal advice.