Almost every Florida security deposit dispute comes down to one statute: Fla. Stat. 83.49. It is short, it is specific, and it puts most of the burden on the landlord. Here is what it actually says, in plain English.
How the deposit must be held
The statute requires a landlord to do one of three things with your deposit: hold it in a separate non-interest account, hold it in an interest-bearing account, or post a surety bond. The landlord also has to tell you, in writing, how your deposit is being held within 30 days of receiving it. Many landlords skip this notice entirely.
The return rules
This is the heart of the statute, and it runs on deadlines:
- If the landlord makes no claim against the deposit, it must be returned within 15 days of move-out.
- If the landlord intends to keep part or all of it, the landlord must send written notice by certified mail within 30 days, stating the amount and the reason.
- You then have 15 days to object in writing.
We break the timing down further in Florida Security Deposit Deadlines.
The forfeiture rule that decides most cases
If a landlord fails to give the required 30-day written notice, the landlord forfeits the right to impose any claim on the deposit.
That single sentence is why so many tenants win. The statute does not care how dirty the carpet was if the landlord never sent a timely, proper certified notice.
The fee-shifting backstop
Section 83.49 works together with Fla. Stat. 83.48, which awards attorney's fees to the prevailing party. That is what gives tenants real leverage, as explained in Who Pays the Attorney's Fees.
See how the statute applies to you
The statute is simple in outline but easy for landlords to get wrong. The free 2-minute case check below applies Fla. Stat. 83.49 to your facts and tells you, in plain language, whether your landlord complied. Start with the full roadmap in How to Get Your Security Deposit Back in Florida.