How much a Florida landlord can charge for a security deposit, how long they have to return it, and what happens if they don't.
In Florida, landlords must return a tenant's security deposit within 15 days (no deductions) or 30 days (with deductions) of move-out, with a maximum deposit of No statutory cap. The security deposit belongs to the tenant, not the landlord, from the moment the lease terminates. What state law adds is a deadline and a set of rules for what can lawfully be deducted first.
Landlords can deduct for unpaid rent and damage beyond normal wear and tear, but not for the ordinary effects of someone having lived in a home — faded paint, worn carpet, and small nail holes generally don't qualify.
If a Florida landlord wrongfully withholds a deposit past the deadline, the penalty is Landlord forfeits the right to any deductions if the deadline is missed, plus attorney fees. Interest on held deposits is required under state law. This is one of the more consequential differences between states — in some places a late return costs the landlord nothing extra beyond the deposit itself; in others it can cost three times that amount plus attorney fees.
Governing statute: Fla. Stat. § 83.49. Local ordinances in some cities layer additional requirements on top of state law, so confirm current rules with your local housing authority or a licensed attorney.
Timestamped photos or video of every room, taken the day you leave, are the single best protection against a disputed deduction later.
Several states don't start the return-deadline clock until the landlord has your new address in writing — send it promptly and keep proof you did.
The clock generally starts the day you vacate, not the date the lease says it ends. Mark the exact deadline your state allows.
A dated letter citing the statute, the amount owed, and a response deadline creates the paper trail you'll need if the dispute goes further.
Most deposit disputes fall comfortably within small claims limits, and many states add a penalty multiplier on top of the deposit itself for a landlord who ignored the deadline.
Generally unpaid rent and damage beyond normal wear and tear — not the ordinary aging of a lived-in unit. Your lease and state statute define exactly what qualifies.
Consequences vary by state, but many impose a penalty on top of the deposit itself — commonly double or triple the wrongfully withheld amount — and some states make the landlord forfeit the right to deduct anything at all.
In Florida, the return deadline is 15 days (no deductions) or 30 days (with deductions), under Fla. Stat. § 83.49.
Florida's maximum deposit is No statutory cap.