How much can a landlord deduct from a security deposit in Florida?
Short answer: Florida does not set a fixed dollar cap on deposit deductions. You may impose a claim for amounts the tenant owes under the rental agreement—typically unpaid rent and repair costs for tenant-caused damage—but Florida's statute is strict about how and when you claim.
If you are not claiming anything, return the deposit (plus any required interest) within 15 days after the rental agreement ends. If you are claiming, send the statutory written notice within 30 days after termination. Miss that notice window and you forfeit the right to take the claim from the deposit.
Do the math in 2 minutes: the free Kitwright Security Deposit Deduction Calculator prorates replaced items for wear and tear, totals your deductions, estimates Florida's return and notice dates, and prints an itemized statement. No sign-up, and nothing you type leaves your browser.
Who this guide covers
§ 83.49 sits in Chapter 83, Part II (Residential Tenancies). It governs security deposits and advance rent for covered residential tenancies. It does not apply to transient rentals by hotels or motels as defined in chapter 509, or where the rent or deposit is regulated by law or by a public body (including public housing authorities and federally administered or regulated housing programs), other than for rent stabilization. Housing authorities and public housing agencies are covered only by subsections (3), (5) and (6) (§ 83.49(4)). A "security deposit" is money held as security for performance of the rental agreement (§ 83.43(14)).
How Florida landlords must hold the deposit
Whenever a tenant deposits money as security (or as advance rent for other than the next immediate rental period), the landlord or agent must choose one of three options under § 83.49(1):
- Separate non-interest account: hold the total in a separate non-interest-bearing account in a Florida financial institution for the tenant's benefit. Do not commingle it with your other funds or use it until it is actually due to you.
- Separate interest-bearing account: same separation rules, and the tenant receives at least 75% of the annualized average interest rate payable on the account or 5% per year simple interest—whichever you elect.
- Surety bond + 5% interest: post a surety bond with the circuit-court clerk in the county (total deposits held or $50,000, whichever is less), or, if you rent in five or more counties, a Secretary of State bond (total held or $250,000, whichever is less), and pay the tenant 5% simple interest per year.
Landlords who rent five or more individual dwelling units must, in the lease or within 30 days after receiving the deposit, give written notice stating where the money is held (or that a bond was posted), whether the tenant is entitled to interest, and the statutory disclosure block in § 83.49(2)(d). That notice may be in person, by mail, or by e-mail under § 83.505. Landlords with fewer than five units are exempt from that particular disclosure subsection.
When interest is required, pay it directly to the tenant (or credit it against the current month's rent) at least once annually; you need not pay interest to a tenant who wrongfully terminates before the end of the term (§ 83.49(9)).
What a Florida landlord can deduct
§ 83.49 does not publish a fixed list of deductible line items or a dollar cap. It regulates the claim-notice process: you may impose a claim on the deposit and must tell the tenant the amount and the reason in the statutory notice form (§ 83.49(3)(a)). In practice, claims are usually for:
- Unpaid rent and other lease charges the tenant still owes when the tenancy ends.
- Repair or cleaning costs tied to the tenant's breach of the rental agreement or of statutory duties—especially damage the tenant caused. Tenants must not destroy, deface, damage, impair or remove the landlord's property (§ 83.52(6)) and must keep the unit clean and sanitary (§ 83.52(2)).
Florida's separate fee-in-lieu statute repeatedly frames recoverable repair costs as those "required for repairing damage to the premises beyond normal wear and tear" (§ 83.491). That is the same practical line most landlords should use for a traditional deposit claim: charge what goes beyond ordinary use, and be ready to prove it.
What a landlord can't (or shouldn't) deduct: normal wear and tear
§ 83.49 itself does not define "normal wear and tear." Treat ordinary aging from intended occupancy as non-claimable against the deposit, and reserve deductions for damage or unpaid obligations. The Florida Department of Agriculture and Consumer Services (FDACS) landlord-tenant summary recommends a move-in walk-through with dated photos or notes of existing damage, which helps separate pre-existing conditions from later damage.
| Wear and tear (generally not a deposit claim) | Damage / breach (may support a claim) |
|---|---|
| Carpet worn thin in a hallway from years of normal foot traffic | Carpet stained or destroyed by a pet the current tenant kept |
| Paint faded from sunlight and light scuffs from furniture | Large holes, unauthorized paint left unrestored, or marker damage |
| A defect already noted on a dated move-in walkthrough | A new broken window, missing appliance part, or unpaid final rent |
Illustrative only—Florida's deposit statute does not list these examples. Keep invoices, receipts and dated photos. If the tenant sues over the deposit, expect to justify each dollar.
The 15-day / 30-day / 15-day timeline
- No claim → 15 days: if you do not intend to impose a claim, return the security deposit together with interest if otherwise required within 15 days after the termination of the rental agreement (§ 83.49(3)(a)). Example: agreement ends October 31 → full refund due by November 15.
- Claim → notice within 30 days: if you intend to impose a claim, within 30 days after termination provide written notice by certified mail to the tenant's last known mailing address or by e-mail in accordance with § 83.505, stating your intention and the reason. The notice must contain language substantially in the statutory form (amount, reason, citation to § 83.49(3), 15-day objection warning, and where to send the objection).
- Tenant objection → 15 days after receipt: the tenant may object in writing within 15 days after receiving your notice. If the tenant does not timely object, you may deduct the claim and must remit the balance within 30 days after the date of your notice of intention (§ 83.49(3)(b)). A late (or missing) tenant objection does not waive the tenant's right to sue later for a refund.
- Forfeiture if you miss the 30-day notice: fail to give the required written notice within 30 days and you forfeit the right to impose a claim upon the security deposit and may not seek a setoff against the deposit—but you may still file an action for damages after returning the deposit (§ 83.49(3)(a)).
- Early vacate without 7-day notice: unless the written rental agreement says otherwise, a tenant who vacates or abandons before the term ends (or under a periodic tenancy) must give at least 7 days' written notice by certified mail or personal delivery, including an address where the tenant may be reached. Failure to give that notice relieves you of the claim-notice requirement in § 83.49(3)(a), but does not waive the tenant's right to the deposit (§ 83.49(5)).
Need the dates on a calendar? Open the free calculator, pick Florida, and it will estimate the return / notice window from your vacate date.
E-mail notices (§ 83.505)
Landlords and tenants may deliver Part II notices by e-mail if they have signed a rental-agreement addendum, in substantially the statutory form, in which they specifically agree to electronic delivery and each provide a valid e-mail address; the addendum must conspicuously say the election is voluntary and can be revoked or the address updated at any time (§ 83.505). A notice e-mailed under that addendum is deemed delivered when sent unless it is returned as undeliverable, and the sender must keep a copy of the notice and evidence of transmission. Without that addendum, use certified mail for the § 83.49(3) claim notice.
Worked example: a Florida move-out
Hypothetical example (made-up numbers for illustration). A tenant with a $1,900 deposit ends the rental agreement on October 31, 2026, provides a forwarding address, and owes no rent. You intend to claim two repair items and send a timely certified-mail notice.
| Item | How it's figured | Claim |
|---|---|---|
| Bedroom carpet ruined by pet urine (4 years old, expected to last 8, $1,000 to replace with similar quality) | Charge only the life it had left: $1,000 × (8 − 4) ÷ 8 | $500.00 |
| Patching and repainting a wall with many large anchor holes ($225 painter's invoice) | Invoice amount | $225.00 |
| Paint faded and lightly scuffed in the living room | Ordinary wear — not claimed | $0.00 |
| Total claim stated in the § 83.49(3) notice | $725.00 | |
| Balance if tenant does not object ($1,900 − $725), plus any interest due | $1,175.00+ | |
Send the notice of intention (amount $725, reasons, statutory form language) by November 30, 2026, the 30th day after termination. If the tenant receives it on December 2 and does not object within 15 days, remit the $1,175 (plus any interest owed) within 30 days after the date of your notice of intention. Florida's statute does not prescribe a carpet-proration formula; charging only remaining useful life is one way to keep the claim defensible. Keep the invoice and photos with your copy of the notice.
Run your own numbers: the free calculator applies the same proration approach and works out return-by dates for Florida and 50 other jurisdictions (49 states + DC).
Penalties and disputes
- Miss the 30-day claim notice: you forfeit the right to impose a claim on the deposit and may not set off against it; return the deposit, then sue separately if you still want damages (§ 83.49(3)(a)).
- Attorney fees: if either party sues over the right to the security deposit, the prevailing party gets court costs plus a reasonable attorney's fee, and the court advances the case on the calendar (§ 83.49(3)(c)). § 83.48 also addresses attorney fees in rental-agreement litigation more generally.
- Where disputes go: small claims in county court cover money disputes of $8,000 or less, excluding costs, interest and attorney fees (Florida Courts Help — Small Claims). Broader county-court civil jurisdiction currently reaches higher amounts under Fla. Stat. § 34.01. FDACS also accepts landlord-tenant complaints (FDACS Landlord/Tenant Law in Florida).
Fee in lieu of a security deposit (§ 83.491)
For rental agreements entered into or renewed on or after July 1, 2023, a landlord may offer a non-deposit fee option instead of collecting a security deposit, with required written disclosures and a signed fee agreement (§ 83.491). Paying the fee does not erase the tenant's duty to pay rent or the costs of repairing damage beyond normal wear and tear. If you use that program, follow its separate end-of-tenancy notice and insurance-claim timing rules—do not treat the fee as a classic § 83.49 deposit.
When the property is sold
On sale or transfer of title (or a change in the designated rental agent), security deposits and advance rents held for tenants must transfer to the new owner or agent with earned interest and an accurate accounting. Once funds and records transfer and a written receipt is transmitted, the transferor is free from the § 83.49(1) holding obligation. There is a rebuttable presumption that the new owner received the deposit, limited to one month's rent (§ 83.49(7)).
Quick checklist before you send the refund or claim notice
- Confirm the rental-agreement termination / vacate date and start the 15- or 30-day clock immediately.
- Decide: full return within 15 days, or a claim notice within 30 days.
- If claiming, use the statutory notice form, send by certified mail (or qualifying § 83.505 e-mail), and calendar the tenant's 15-day objection window.
- Cut anything that is ordinary wear and tear or was already present at move-in.
- Tie each claimed dollar to the lease or to § 83.52 duties, and to an invoice, receipt or photo.
- If the tenant does not object on time, remit any balance within 30 days after the date of your claim notice—and pay any interest still due under § 83.49.
For your year-end records, the free Year-End Landlord Ops Checklist (Excel) includes a deposits section.
Guides for other states
- California: how much can a landlord deduct from a security deposit? (21-day itemized statement, receipts and photos, 2026 changes)
- New York: how much can a landlord deduct from a security deposit? (14-day refund, one-month cap, itemized list, forfeiture if late)
- Texas: how much can a landlord deduct from a security deposit? (30-day refund, forwarding address, itemized list, bad-faith penalties)
For every other state's return deadline and statute, see the 51-jurisdiction table in the free deposit calculator.
FAQ
How much can a landlord deduct from a security deposit in Florida?
Florida Statutes § 83.49 does not set a fixed dollar cap on deductions. A landlord may impose a claim on the deposit for amounts the tenant owes under the rental agreement—commonly unpaid rent and costs to repair tenant-caused damage. Section 83.49 itself focuses on how and when you must give claim notice, not on a wear-and-tear checklist. Related Florida Residential Landlord and Tenant Act text (including § 83.491 on fees in lieu of a deposit) repeatedly treats costs to repair damage beyond normal wear and tear as the kind of tenant obligation landlords may pursue. Document each item with invoices, receipts and photos.
How long does a Florida landlord have to return a security deposit?
If you do not intend to impose a claim, return the deposit (plus interest if otherwise required) within 15 days after the rental agreement terminates. If you intend to impose a claim, you must give the tenant written notice of your intention and the reason within 30 days after termination, by certified mail to the tenant's last known mailing address or by e-mail under § 83.505 (Fla. Stat. § 83.49(3)(a)).
What happens if a Florida landlord misses the 30-day claim notice?
If the landlord fails to give the required written notice within the 30-day period, the landlord forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit, but may still file an action for damages after returning the security deposit to the tenant (Fla. Stat. § 83.49(3)(a)).
Does the Florida tenant get time to object to deductions?
Yes. After the tenant receives the landlord's notice of intention 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 any remaining balance within 30 days after the date of the notice of intention. A tenant who fails to object on time does not waive the right to seek damages in a separate action (Fla. Stat. § 83.49(3)(b)).
Is there a limit on how large a Florida security deposit can be?
Chapter 83 Part II does not set a statewide maximum dollar amount for a residential security deposit. What you can collect is driven by the rental agreement and market practice. There are strict rules on how you hold the money, disclose the depository, and claim against it (Fla. Stat. § 83.49).
Do Florida landlords have to hold deposits in a separate account or pay interest?
Yes—one of three options under § 83.49(1): (a) a separate non-interest-bearing Florida financial institution account for the tenant's benefit; (b) a separate interest-bearing Florida account, with the tenant receiving at least 75% of the annualized average interest rate on the account or 5% simple interest per year, at the landlord's election; or (c) a surety bond (with statutory caps) plus interest to the tenant at 5% simple per year. Do not commingle the money with your personal funds until it is actually due to you.
Can a Florida landlord send the claim notice by e-mail?
Yes, if the parties have a signed rental-agreement addendum agreeing to electronic delivery of notices under Fla. Stat. § 83.505 and have each provided a valid e-mail address for that purpose. Otherwise, § 83.49(3)(a) requires the claim notice by certified mail to the tenant's last known mailing address.
What counts as normal wear and tear in Florida?
Section 83.49 does not define "normal wear and tear" with a statutory checklist. Florida's fee-in-lieu statute (§ 83.491) repeatedly refers to costs of repairing damage beyond normal wear and tear, and § 83.52 requires tenants not to destroy, deface, damage, impair or remove the landlord's property. In practice, charge for deterioration beyond ordinary use—document move-in condition and keep invoices and photos.
Where do Florida deposit disputes go?
A party may sue in a court of competent jurisdiction over the right to the deposit; the prevailing party is entitled to court costs plus a reasonable attorney's fee, and the court advances the cause on the calendar (Fla. Stat. § 83.49(3)(c); see also § 83.48). Many smaller money disputes are filed as small claims in county court when the amount is $8,000 or less, excluding costs, interest and attorney fees (Florida Courts Help). County court civil jurisdiction generally goes higher (Fla. Stat. § 34.01). Tenants may also complain to the Florida Department of Agriculture and Consumer Services (FDACS).
Is this legal advice?
No. This page is general information based on the 2026 Florida Statutes text on Online Sunshine / the Florida Senate site and official FDACS materials as of November 2026. The lease and the facts of each case matter. Read the statute or talk to a Florida attorney before you withhold money.
Sources
- Fla. Stat. § 83.49 (Deposit money or advance rent; duty of landlord and tenant). Online Sunshine (2026 Florida Statutes): leg.state.fl.us …/0083.49.html; Florida Senate: flsenate.gov/Laws/Statutes/2026/83.49
- Fla. Stat. § 83.43 (definitions, including security deposits): Online Sunshine
- Fla. Stat. § 83.52 (tenant's obligation to maintain dwelling unit): Online Sunshine
- Fla. Stat. § 83.505 (electronic delivery of notices): Online Sunshine
- Fla. Stat. § 83.491 (fee in lieu of security deposit; "beyond normal wear and tear" language): Online Sunshine
- Fla. Stat. § 83.48 (attorney fees) and Chapter 83 Part II index: § 83.48; Part II contents
- Florida Department of Agriculture and Consumer Services, Landlord/Tenant Law in Florida
- Florida Courts Help, Small Claims ($8,000 or less); Fla. Stat. § 34.01 (county court jurisdiction): flsenate.gov