Florida security deposit rules.
The Florida rules for residential security deposits in plain English: how much can be charged, how fast it comes back, whether interest is owed, and what catches operators out.
Last reviewed · Statute: Fla. Stat. § 83.49 · Not legal advice
How much can be charged
No statutory limit on the deposit amount. Pet, last-month, and security can each be charged separately.
When it has to come back
15 days if no deductions; 30 days to send a written notice of intent to deduct; tenant has 15 days to object.
Interest
Required only if the landlord holds the deposit in an interest-bearing account (75% of the annualised average rate or 5% simple, at the landlord’s election) or posts a surety bond, which carries 5% simple interest to the tenant.
Where the money has to sit
Three options: a separate non-interest-bearing Florida account; a separate interest-bearing Florida account (tenant gets 75% of the annualised average rate or 5% simple); or a surety bond for the lesser of total deposits or $50,000, with 5% simple interest paid to the tenant.
What catches operators out
- Florida’s three-track system (account, interest account, bond) is unique and has very specific disclosure language.
- The statutory disclosure (§ 83.49(2)(d) text) must be given in the lease or within 30 days of receipt, in person, by mail or by email. Landlords renting fewer than five units are exempt from the disclosure requirement.
What this looks like with Standby in Florida.
When a resident takes a Standby certificate there is no cash deposit to hold, so the cap, the return deadline and the interest rules above have nothing to attach to. You are covered up to the full deposit and draw on it when you need to.
When a resident pays cash instead, Standby handles that deposit under your lease and Florida law, so your team is not tracking return deadlines by hand.
This page summarises the most common single-family and multifamily residential rule in Florida. Furnished units, senior leases, mobile-home tenancies and short-term rentals can differ, and city ordinances may override the state default. Check the statute before relying on a figure for a specific lease.