How long does a landlord in Florida have to return a security deposit?
The number forks on whether the landlord claims deductions. Under § 83.49(3)(a), a landlord who does NOT intend to impose a claim must return the deposit, with interest if otherwise required, within fifteen days after termination of the rental agreement; a landlord who DOES intend to impose a claim has thirty days after termination to send the tenant written notice of the claim by certified mail to the tenant's last known mailing address. The tenant then has fifteen days from receiving that notice to object in writing, and under § 83.49(3)(b), unless the tenant objects within those fifteen days, the landlord may deduct the claim and must remit the balance of the deposit within thirty days after the DATE OF THE NOTICE of intention to impose a claim — so the money on the deductions branch is governed by a second thirty-day clock anchored to the notice, not by the fifteen-day clock.
In plain terms, the statute says
A landlord who fails to give the written notice of claim within the thirty-day period forfeits the right to impose a claim on the deposit and may not seek a setoff against it, though the landlord may still bring an action for damages after returning the deposit; no finding of bad faith or willfulness is required for that forfeiture. The section provides no multiple-damages penalty at all — the only monetary remedy it names is that the prevailing party in an action to adjudicate the right to the deposit recovers court costs plus a reasonable attorney's fee.
Who this covers
Section 83.49 sits in Part II of chapter 83, which by § 83.42 does not apply to residency or detention incidental to medical, geriatric, educational, counseling, religious or similar services; occupancy under a contract of sale where the buyer has paid at least twelve months' rent or one month's rent plus a deposit of five per cent or more of the purchase price; transient occupancy in a hotel, condominium, motel, roominghouse or similar public lodging, or transient occupancy in a mobile home park; occupancy by a holder of a proprietary lease in a cooperative apartment; or occupancy by an owner of a condominium unit.
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Questions people ask
How long does a landlord in Florida have to return a security deposit?
The number forks on whether the landlord claims deductions. Under § 83.49(3)(a), a landlord who does NOT intend to impose a claim must return the deposit, with interest if otherwise required, within fifteen days after termination of the rental agreement; a landlord who DOES intend to impose a claim has thirty days after termination to send the tenant written notice of the claim by certified mail to the tenant's last known mailing address. The tenant then has fifteen days from receiving that notice to object in writing, and under § 83.49(3)(b), unless the tenant objects within those fifteen days, the landlord may deduct the claim and must remit the balance of the deposit within thirty days after the DATE OF THE NOTICE of intention to impose a claim — so the money on the deductions branch is governed by a second thirty-day clock anchored to the notice, not by the fifteen-day clock.
Who does Florida's security-deposit law cover?
Section 83.49 sits in Part II of chapter 83, which by § 83.42 does not apply to residency or detention incidental to medical, geriatric, educational, counseling, religious or similar services; occupancy under a contract of sale where the buyer has paid at least twelve months' rent or one month's rent plus a deposit of five per cent or more of the purchase price; transient occupancy in a hotel, condominium, motel, roominghouse or similar public lodging, or transient occupancy in a mobile home park; occupancy by a holder of a proprietary lease in a cooperative apartment; or occupancy by an owner of a condominium unit.
What happens if a landlord in Florida is late?
A landlord who fails to give the written notice of claim within the thirty-day period forfeits the right to impose a claim on the deposit and may not seek a setoff against it, though the landlord may still bring an action for damages after returning the deposit; no finding of bad faith or willfulness is required for that forfeiture. The section provides no multiple-damages penalty at all — the only monetary remedy it names is that the prevailing party in an action to adjudicate the right to the deposit recovers court costs plus a reasonable attorney's fee.
Where can I read Florida's security-deposit law?
Florida's rule is in Fla. Stat. § 83.49. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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