Florida Security Deposit Laws in 2026

YOUR DEPOSIT IS A 15-DAY TIMEBOMB. THE FUSE IS LIT.

That money in your account isn't yours. It's a tenant-held asset with a short, brutal fuse. In Florida, you get 15 days from the second they hand you the keys and vacate. Not when you get around to it. Not when the contractor's bid comes in. Fifteen. Days. Miss it, and you forfeit all rights to claim a single penny for damages, even if they left the place trashed. The statute (Florida Statute § 83.49) is a trap for the unprepared, and the clock is already ticking on your last move-out.

THE THREE-ACT DISASTER: HOW FLORIDA'S 83.49 BURIES SLOPPY LANDLORDS

Forget "best practices." This is the legal procedure that will financially destroy you if you deviate.

ACT I: THE 15-DAY FULL REFUND (OR ELSE)

• The Scenario: Tenant leaves it clean. No issues.
• Your Only Move: Return 100% of the deposit to their last known address within 15 days of move-out.
• The Penalty: Fail this, and you're automatically wrong. You now owe the full deposit, and a judge will have zero sympathy.

ACT II: THE 30-DAY CLAIM NOTICE (YOUR ONE SHOT)

• The Scenario: You have legitimate deductions—unpaid rent, a pet-ruined carpet, a fist-sized hole in the wall.
• Your Legal Gun: You have 30 days from move-out to fire a written "Notice of Intention to Impose a Claim on Security Deposit" via certified mail. An email is a BB gun in this fight—it won't hold up.
• The Ammunition: The notice must be itemized: "Repair of drywall damage, bedroom wall - $220." Vague terms like "damages" or "cleaning" are blanks. You must include the reason for each charge.
• The Forfeit: Miss this 30-day certified mail deadline, and you lose all rights to keep any of the deposit. Full stop. The law (FS § 83.49(3)(a)) is merciless on this point.

ACT III: THE TENANT'S 15-DAY OBJECTION & YOUR FINAL STAND

• After your notice, the tenant has 15 days to object in writing.
• If they object, you're now in a legal dispute. You have three bad options: 1) Negotiate, 2) Hold the funds and wait for them to sue you (they have 5 years), or 3) You sue them first in small claims court. This is where your dated, tenant-signed move-in photos are your only armor.

WHAT YOU CAN STEAL FROM THE DEPOSIT (AND WHAT WILL GET YOU SUED)

This is the line that bankrupts landlords. Normal wear and tear is your cost of business. You cannot deduct for it.

• YOU CAN DEDUCT FOR (WITH AN INVOICE):
  • Unpaid Rent: The balance due.
  • Damage Beyond Wear & Tear: Pet stains in carpet, broken doors, holes in walls.
  • Cost of Repair, Not Replacement: The depreciated value of a 10-year-old appliance you must replace, not the brand-new model price.
• YOU CANNOT DEDUCT FOR (THIS IS THEFT):
  • Routine Cleaning or Painting between tenants.
  • Faded Paint, Lightly Worn Carpet, or small nail holes from pictures.
  • Replacing Old Items with New Ones for your own benefit.

The Rule: For any deduction over $200, you need a third-party invoice. Your own handwritten estimate is worthless in front of a judge.

YOUR 3-STEP BATTLE PLAN FOR THE NEXT MOVE-OUT

1. TODAY: Dig out your last move-in sheet. If it's not a photo/video walk-through with the tenant's signed, dated approval, you are already defenseless for that unit. Fix this before the next tenant moves in.
2. AT MOVE-OUT (DAY 0): Conduct the inspection immediately. Take video. Compare to the move-in file. Send your intent to claim via CERTIFIED MAIL by Day 30—put a reminder in your calendar for Day 25.
3. WHEN THEY OBJECT: Do not panic. Do not retaliate. Gather your evidence file (lease, move-in/move-out docs, invoices) and CONSULT A FLORIDA LANDLORD-TENANT ATTORNEY. Spending $500 on a lawyer's advice now is cheaper than a $5,000 judgment later.

This isn't property management. This is financial warfare with strict rules of engagement. Florida law often requires landlords to place tenant funds in an escrow account for security deposit handling. Your sentiment and your busy schedule are irrelevant. Only your compliance with FS § 83.49 matters. The system is designed to punish you for hesitation. Act accordingly.

This is tactical field advice from the trenches, not professional legal counsel. The statute (Florida Statute § 83.49) is your ultimate authority, but its application depends on specific facts. For real money and real property, consult a qualified Florida attorney.