Florida Security Deposit Laws in 2026: The 15-Day and 30-Day Rules

Florida Statutes section 83.49 applies when a landlord receives money as security for performance of a rental agreement or as advance rent beyond the next immediate rental period. The landlord generally must use one of three statutory methods: a separate non-interest-bearing Florida account, a separate interest-bearing Florida account, or an authorized surety bond.

Deposit money held in an account may not be commingled with the landlord’s other funds or used before it is actually due. A property owner should choose the handling method before collecting money and preserve bank or bond records that match the tenant ledger.

• · Separate non-interest-bearing account in a Florida financial institution
• · Separate interest-bearing account with the tenant receiving the statutory interest election
• · Qualifying surety bond with the additional interest required by section 83.49

Section 83.49(2) requires the landlord to disclose the deposit or advance-rent arrangement in the lease or within 30 days after receipt. The notice identifies the depository or bond, states whether the tenant is entitled to interest, and includes the statutory disclosure. A change in the manner or location of holding the funds generally triggers another notice within 30 days.

The subsection exempts a landlord who rents fewer than five individual dwelling units from this particular notice requirement. That exception does not erase the other handling and move-out duties in section 83.49, so it should not be described as a blanket small-landlord exemption.

After the tenant vacates and the rental agreement terminates, a landlord who does not intend to impose a claim must return the security deposit, together with any interest otherwise due, within 15 days. This is the clean-return path under section 83.49(3)(a).

Before sending the refund, confirm the termination date, possession and key return, forwarding address, deposit ledger, and whether any interest is due. A short closeout checklist helps prevent accidentally treating the 30-day claim-notice period as a universal refund deadline.

If the landlord intends to claim against the deposit, section 83.49(3)(a) requires a written notice within 30 days after termination. The notice must state the intention to impose a claim, the reason and amount, and the tenant’s 15-day objection period using the statutory form substantially provided by the law.

The permitted delivery method is certified mail to the tenant’s last known mailing address or email in accordance with section 83.505. Missing the 30-day notice deadline forfeits the landlord’s right to impose a claim against the deposit. The statute still permits a later damages action after the deposit is returned, but that is different from deducting the amount from the deposit.

Section 83.505, added in 2025 and reflected in the 2026 statutes, allows notices under Part II of Chapter 83 to be delivered by email only when landlord and tenant sign a specific addendum electing electronic delivery and each supplies a valid notice address. The addendum must conspicuously explain that the election is voluntary and may be revoked or updated.

A compliant email notice is deemed delivered when sent unless it is returned as undeliverable. The sender must keep the notice and evidence of transmission. Merely exchanging ordinary emails or listing an email address in the parties section is not the statutory election described by section 83.505.

• · Use the substantially prescribed election language.
• · Obtain both signatures and designated notice addresses.
• · Track revocations and address updates.
• · Retain the sent message and transmission evidence.
• · Use certified mail when no valid electronic-delivery addendum exists.

After receiving the landlord’s notice of intent to impose a claim, the tenant has 15 days to object in writing. If the tenant does not timely object, the landlord may deduct the claim and must remit the remaining deposit within 30 days after the date of the claim notice.

A missed objection does not eliminate every possible remedy: section 83.49 states that the tenant may still pursue a separate action claiming a refund. If litigation determines entitlement to the deposit, the prevailing party may recover court costs and reasonable attorney fees under the statute.

When the selected holding method requires interest, section 83.49 generally requires the landlord to pay it directly or credit it against rent at least annually. A tenant who wrongfully terminates before the end of the rental term is not entitled to interest under subsection (9).

When the property or designated rental agent changes, subsection (7) requires transfer of held deposits and advance rent, earned interest, and an accurate tenant-by-tenant accounting. The transfer should be documented rather than assumed from the closing statement alone.

Florida Statutes section 83.491 separately regulates an optional fee in lieu of a security deposit. The fee can be nonrefundable and does not remove the tenant’s responsibility for rent or damage. Offering it triggers detailed disclosures, a signed written agreement, conversion rights, and rules governing insurance claims.

A landlord is not required to offer the fee program. If it is offered, the lease file should make clear which arrangement the tenant selected because the ordinary deposit rules and fee-in-lieu rules are not interchangeable.