How long does a landlord have to return a security deposit in Florida?

The 15-day and 30-day deadlines

If you do not intend to impose a claim, section 83.49(3)(a) requires you to return the full deposit, plus any interest due, within 15 days after the tenant vacates and the tenancy ends.

If you do intend to impose a claim, you must send a written notice to the tenant's last known mailing address by certified mail, or by email under s. 83.505, within 30 days. The statute prescribes the wording, which states the amount and reason for the claim and tells the tenant to object in writing within 15 days. Missing the 30-day deadline forfeits your right to impose a claim, although you can still sue for damages after returning the deposit.[1]

How the deposit must be held during the lease

While you hold a deposit or advance rent, section 83.49(1) gives you three options, and in every case you may not commingle the money or use it until it is actually owed to you:

• A separate non-interest-bearing account at a Florida financial institution.
• A separate interest-bearing account, paying the tenant at least 75% of the annualized average interest rate or 5% simple interest per year, whichever you elect.
• A surety bond filed with the clerk of the circuit court for the lesser of the total held or $50,000, plus 5% simple interest per year to the tenant.[1]

Notices, tenant duties and disputes

Unless you rent fewer than five individual units, you must tell the tenant in writing, in the lease or within 30 days of receiving the money, where the deposit is held or that a bond was posted, whether interest is paid, and include the disclosure text the statute requires.

A tenant who leaves early, or ends a periodic tenancy, must give at least 7 days' written notice by certified mail or personal delivery with an address where they can be reached, unless the written lease says otherwise. If the tenant skips that notice, the landlord is relieved of the 30-day claim-notice requirement, but the tenant keeps the right to the deposit. (The tenancy itself ends on its own notice rules; for example, section 83.57 requires at least 30 days' written notice to end a month-to-month tenancy.) In a lawsuit over the deposit, the prevailing party recovers court costs and a reasonable attorney's fee, so talk to a Florida real estate attorney if a dispute starts.[1][2]