Florida security deposit law

When you move out at the end of the lease, a landlord who doesn't intend to claim anything has 15 days to return your deposit, with interest if interest is owed (Fla. Stat. § 83.49(3)(a)).

A landlord who wants to keep any of it has 30 days to send you written notice by certified mail to your last known mailing address, stating the amount and the reason. The statute gives the exact wording that notice should follow, including that you have 15 days to object and where to send your objection.

If the landlord doesn't send that notice within 30 days, they forfeit the right to impose a claim on the deposit. They may still sue you separately for damages after returning it.

If you get a notice of claim and disagree, object in writing within 15 days after you receive it, to the address in the notice (§ 83.49(3)(b)). If you don't object, the landlord may deduct the claim and must send you the rest within 30 days of the notice.

Missing the 15 days doesn't end your rights: you can still sue for the money in a separate case. But objecting on time is simpler and keeps the landlord from deducting automatically.

Unless your written lease says otherwise, a tenant who moves out before the lease ends, or who rents month to month, should give the landlord at least 7 days' written notice before leaving, by certified mail or personal delivery, including an address where you can be reached (§ 83.49(5)).

Skipping it doesn't cost you your deposit, but it frees the landlord from the 15/30-day notice rule above. If you didn't give that notice, send your address in writing now.

A Florida landlord must keep deposits in a separate account at a Florida bank, either non-interest-bearing or interest-bearing, or post a surety bond (§ 83.49(1)). With an interest-bearing account, you get at least 75% of the account's annualized average interest rate or 5% simple interest a year, whichever the landlord chooses; with a surety bond, 5% simple interest. Interest is paid or credited at least once a year, but not to a tenant who wrongfully ends the tenancy early (§ 83.49(9)).

Landlords with five or more units must tell you in writing, in the lease or within 30 days, where the deposit is held and whether you get interest (§ 83.49(2)).

Deposits and earned interest must be transferred to the new owner or agent with an accounting (§ 83.49(7)). The new owner is presumed to have received your deposit, up to one month's rent.

Florida has no double or triple damages for deposits. Instead, whoever wins a deposit case is entitled to court costs plus a reasonable attorney's fee, and the court must hear the case promptly (§ 83.49(3)(c)). That cuts both ways, so it pays to have your facts and paperwork in order before you file.