Florida Security Deposit Rules: What §83.49 Requires of the Owner

Where must a Florida security deposit be held?

In one of exactly three places, framed by §83.49(1), Fla. Stat. (2025) as an either/or: a separate non-interest-bearing account in a Florida financial institution, a separate interest-bearing account in one, or a surety bond with the clerk of the circuit court in the county where the unit is located.

Neither account may be commingled or used “until such moneys are actually due the landlord” (§83.49(1)(a)-(b)). On the interest-bearing route the tenant receives “at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects”. The bond is posted in the amount held “or $50,000, whichever is less”, “shall run to the Governor for the benefit of any tenant injured by the landlord’s violation …”, and the landlord still pays the tenant 5 percent per year simple interest (§83.49(1)(c)).

Where interest is required, §83.49(9) has it paid to the tenant or credited against rent “at least once annually”, excepting a tenant “who wrongfully terminates his or her tenancy before the end of the rental term”.

What written disclosure does the tenant get, and when?

In the lease agreement itself, or in a written notice given “within 30 days after receipt of advance rent or a security deposit” (§83.49(2), Fla. Stat. (2025)) — and again “within 30 days after the change” if the manner or location of holding changes (§83.49(2)(a)-(d)), though no new or additional notice is required “solely because the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution.”

Paragraphs (a)-(d) require delivery in person or by mail or e-mail under s. 83.505; the depository’s name and address, or a statement that a surety bond is posted; whether the tenant is entitled to interest; and the all-capitals disclosure opening “YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS.”, whose full text is at §83.49(2)(d).

Subsection (2) then provides: “This subsection does not apply to any landlord who rents fewer than five individual dwelling units.” It adds: “Failure to give this notice is not a defense to the payment of rent when due.” The carve-out is written against “this subsection”, so what does not apply below five units is subsection (2) itself — a point for a Florida attorney.

After a Florida tenant moves out, is the deadline 15 days or 30 days?

Both: different deadlines, different jobs. §83.49(3)(a), Fla. Stat. (2025) opens “Upon the vacating of the premises for termination of the rental agreement”: with no claim intended, “the landlord must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement.”

With a claim intended, written notice must go to the tenant within 30 days after termination, “by certified mail to the tenant’s last known mailing address or by e-mail in accordance with s. 83.505”, and must state “the reason for imposing the claim.”

Missing the 30 days is not a late filing: “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 but may file an action for damages after returning the security deposit to the tenant.” Because what is lost is the claim itself, it belongs with a Florida attorney or licensed property manager, not a summary.

What happens after the claim notice reaches the tenant?

The tenant has 15 days from receipt to object in writing; §83.49(3)(b), Fla. Stat. (2025) puts it in the notice form: “You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit.”

The §83.49(2)(d) disclosure tells the tenant the same: absent an objection “WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S WRITTEN NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.” Either side may go to court instead, where §83.49(3)(c) gives the prevailing party “court costs plus a reasonable fee for his or her attorney”.

Does the tenant have to give notice before moving out?

§83.49(5), Fla. Stat. (2025) reaches a tenant who vacates before the end of the term, or who ends a periodic tenancy, and it opens “Except when otherwise provided by the terms of a written rental agreement”: such a tenant must “give at least 7 days’ written notice by certified mail or personal delivery to the landlord”, including “the address where the tenant may be reached”.

Skipping it has a bounded effect: failure “relieves the landlord of the notice requirement of paragraph (3)(a) but does not waive any right the tenant may have to the security deposit or any part of it.”

Can Florida deposit notices be sent by e-mail?

Yes, where the parties have signed an addendum agreeing to it. Section 83.505, Fla. Stat. (2025) allows electronic delivery of “any notices required under this part” only where the parties “have signed an addendum to the rental agreement that the parties specifically agree to the electronic delivery of notices …”, have “each provided a valid e-mail address for such purpose”, and are conspicuously advised that the election “is voluntary and that they may revoke such agreement … at any time” (§83.505(1)).

An e-mailed notice “is deemed delivered at the time it is sent, unless the e-mail is returned to the sender as undeliverable” (§83.505(4)), and the sender keeps a copy plus “evidence of the transmission of the e-mail” (§83.505(5)). It is not the only channel: §83.49(2)(a) allows the disclosure notice in person or by ordinary mail, and §83.505(6) provides that “This section does not preclude service of notices by any other means permitted by law.”

Who is accountable when a broker holds the deposit, or the property is sold?

For a Florida-licensed broker or sales associate, §83.49 is the compliance test: §83.49(3)(d), Fla. Stat. (2025) makes compliance with the section “compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement …”, and directs that “Enforcement personnel shall look solely to this section to determine compliance.”

That describes the statute, not any firm’s procedures. Flexway Realty LLC is a licensed Florida brokerage in Kissimmee, Osceola County (broker Carlos González, Lic. BK3122330, CIPS); its terms for managing an owner’s property, including any fees, are set in the management agreement.

On a sale or a change of designated rental agent, §83.49(7) transfers deposits and advance rents “together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account”. On that transfer, and “upon transmittal of a written receipt therefor”, the transferor is “free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant” — that obligation only. The presumption is qualified: “There is a rebuttable presumption that any new owner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month’s rent.”

Is a fee in lieu of a security deposit governed by the same rules?

No — §83.491(6), Fla. Stat. (2025) places it outside the category: “A fee collected under this section, or an insurance product or a surety bond accepted, by a landlord in lieu of a security deposit is not a security deposit as defined in s. 83.43(13).”

Under §83.491(1)(a) a landlord “may offer a tenant the option to pay a fee in lieu of a security deposit” where the rental agreement requires one; paragraph (1)(b) separately allows “paying a security deposit in monthly installments in an amount that is agreed upon between the tenant and the landlord while participating in the fee program”. Timing is separate: notice of “any costs or fees due” within 30 days after the conclusion of the tenancy (§83.491(2)(a)), and no insurer claim “until at least 15 days after providing the tenant with the required notice …” (§83.491(2)(b)). It applies “to rental agreements entered into or renewed on or after July 1, 2023” (§83.491(9)); which arrangement fits a lease is a question for a Florida attorney.