Florida Security Deposits: Three Deadlines to Know

By Joseph Spiriti, Esq. | Caserta & Spiriti, PLLC

A disagreement about a security deposit may begin with a repair bill. It can quickly become a disagreement about dates, notices and delivery. Before focusing only on the dollar amount, I would put the lease and the calendar side by side.

Florida Statute § 83.49 contains three deadlines that landlords and tenants should recognize. These are general rules; exceptions and the facts of the tenancy can change the analysis.

15 days when no claim is being made

When the tenant has vacated for termination of the rental agreement and the landlord does not intend to claim against the deposit, the statute generally requires return of the deposit, with interest if required, within 15 days after termination. Document when the tenancy ended and possession was returned.

30 days for the landlord’s claim notice

A landlord who intends to impose a claim generally must provide the required written notice within 30 days after termination. It must explain the reason and substantially follow the statutory notice. Section 83.49 specifies certified mail to the tenant’s last known mailing address or qualifying email under § 83.505. Having exchanged ordinary emails does not by itself establish compliance with the electronic-notice rules.

If the required notice is missed, the landlord generally forfeits the claim against the deposit and may not set off against it. The statute still permits a separate damages action after the deposit is returned. A missed notice does not necessarily erase every underlying claim.

15 days for the tenant’s written objection

The tenant generally has 15 days after receiving the claim notice to object in writing. Without a timely objection, the landlord may deduct the claim and must remit the balance within 30 days after the claim notice. The statute preserves the tenant’s right to seek damages in a separate action even if the objection was late.

Keep the exceptions in view

Early departures and periodic tenancies can raise the separate notice rule in § 83.49(5). Depending on the written lease, a tenant may need to give at least seven days’ written notice before leaving, with a forwarding address, by certified mail or personal delivery. Failure can affect the landlord’s claim-notice obligation. Certain regulated or transient rentals have separate statutory exclusions.

Prepare the record before the dispute grows

Keep move-in and move-out photographs, the lease and addenda, inspection records, receipts, the forwarding address, and proof of notices and delivery. Record when keys and possession were returned. Do not assume that every cleaning charge is damage or that missing a deadline automatically resolves the whole dispute.

Caserta & Spiriti, PLLC assists Florida landlords, tenants and property owners with selected lease, notice and deposit matters. Call 305-463-8808 or visit https://csgfirm.com/. Our Miami Lakes office is open Monday–Friday, 10 AM–5 PM Eastern.

Sources and further reading

Florida Statute § 83.49 (2026): https://www.flsenate.gov/Laws/Statutes/2026/0083.49

Adapted from my October 4, 2026 firm article: https://csgfirm.com/florida-security-deposits-the-15-day-30-day-and-15-day-deadlines-landlords-and-tenants-cannot-afford-to-miss/

General educational information, current as reviewed November 10, 2026, not legal advice. Rights depend on facts, lease terms, exemptions and current law. Reading or contacting the firm does not create an attorney-client relationship. Representation requires conflicts review and an agreed scope. Prior results do not guarantee a similar outcome.