{"id":372620,"date":"2016-04-11T01:21:52","date_gmt":"2016-04-11T06:21:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-security-deposit-laws.html"},"modified":"2019-04-29T17:02:26","modified_gmt":"2019-04-29T22:02:26","slug":"florida-security-deposit-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-security-deposit-laws.html","title":{"rendered":"Florida Security Deposit Laws"},"content":{"rendered":"\n
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Florida Security Deposit Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

At some point in everyone’s life, there comes a time when you need to rent an apartment. While rent is often the number one concern that people focus on when deciding what rental property fits their needs, the security deposit<\/a> that practically every landlord requires can also eliminate some potential living spaces.<\/p>\r\n

Since Florida security deposit laws do not provide set limits on what landlords can charge for this initial money advance, the sticker shock for some rental properties may hit renters with the force of a Mack truck. That’s why it’s important to know what the law allows and prohibits when it comes to security deposits. Read on for a quick summary of the security deposit laws in Florida.<\/p>\r\n

Renters’ Rights Under Florida Security Deposit Laws<\/h2>\r\n

When it comes to Florida security deposit laws and other landlord tenant issues, there are several renters’ rights that tenants should be aware of. The following table outlines the specifics of Florida security deposit laws.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\n

Florida Statutes Title VI. Civil Practice and Procedure:<\/p>\r\n

Security Deposit Limits<\/b><\/p>\r\n<\/td>\r\n

According to Florida security deposit laws, there are no set limits on how much a landlord may charge for a security deposit. However, city ordinances may limit how much a landlord can charge for these types of deposits.<\/p>\r\n<\/td>\r\n<\/tr>

Handling of Security Deposit by Landlord<\/b><\/p>\r\n<\/td>\r\n

Under Florida security deposit laws, whenever money is deposited by a tenant on a rental agreement as security for performance of the rental agreement, the landlord:<\/p>\r\n

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  • Must hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants; and<\/li>\r\n
  • Must not commingle such moneys with any other funds of the landlord.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Return of the Security Deposit by Landlord<\/b><\/p>\r\n<\/td>\r\n

Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord has 15 days<\/i><\/b> to return the security deposit together with interest. However, the landlord shall have 30 days<\/i><\/b> to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.<\/p>\r\n

If the landlord fails to give the required 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 return of the deposit.<\/p>\r\n<\/td>\r\n<\/tr>

Timely Objection to Landlord’s Deductions<\/b><\/p>\r\n<\/td>\r\n

Unless the tenant objects to the landlord’s claim within 15 days<\/i><\/b> after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and must remit the balance of the deposit to the tenant within 30 days<\/i><\/b>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Florida Security Deposit Laws: Related Resources<\/h2>\r\n