Florida Security Deposit Law in 2026 — What Renters Need to Know
Florida landlords must give written notice of any deposit claim within 30 days, or forfeit the right to claim. Here's how §83.49 works and how to enforce it.
The basics: Florida Statutes §83.49
- Maximum deposit
- None
- Return window
- 15 days if landlord imposes no claim; 30 days to mail written notice of intent to impose a claim (certified mail or email)
- Itemization required
- Required in the written notice of claim within 30 days; tenant has 15 days from receipt to object in writing.
- Move-in documentation
- No statutory move-in requirement.
The catch: enforcement quirk worth knowing
Missing the 30-day written-notice deadline FORFEITS the landlord's right to impose any claim on the deposit — they must return it in full and sue separately for damages. §83.49 also allows notice by e-mail (a recent modernization tenants often don't know about).
What you can do as a renter
- Photograph everything on move-in day. Date-stamped phone photos are admissible evidence in every state.
- Document the same areas at move-out. Same angles. Same lighting if possible.
- Keep records for 60+ days post-vacate. Most state-statute return windows close in 14–60 days; the small-claims clock runs after that.
FAQ
How long does my Florida landlord have to return my deposit?
Per Florida Statutes §83.49: 15 days if landlord imposes no claim; 30 days to mail written notice of intent to impose a claim (certified mail or email), with the required itemization.
What is the maximum deposit a Florida landlord can charge?
Per Florida Statutes §83.49: None.
What is the penalty if my Florida landlord wrongfully withholds my deposit?
Missing the 30-day written-notice deadline FORFEITS the landlord's right to impose any claim on the deposit — they must return it in full and sue separately for damages. §83.49 also allows notice by e-mail (a recent modernization tenants often don't know about).
Watchlist: CA mandates this as of 2025. WA and GA already require landlord-side documentation. Florida renters: until your state follows, the bar is on you.