Florida pairs an unlimited deposit (the lease decides) with one of the more generous interest rules: held past four months in its own account, your deposit generally earns 5% simple annual interest unless your lease opts out. The return deadline tiers — 15, 30, or 35 days depending on deductions and notice — are worth reading twice.
| Max deposit | No statutory cap No cap — but deposits on leases longer than a year must be handled specially once they exceed one month's rent. |
|---|---|
| Return deadline | 15 days after you give up possession 15 days when returning the full deposit; 30 days with itemized deductions; 35 days if the tenant moves out with proper notice. |
| Interest on deposit | Required Yes — 5% simple. The requirement applies when the deposit is held more than 4 months and not commingled (unless the lease says otherwise). The landlord must either pay 5% simple annual interest or keep the money in a separate Florida bank account; you choose by default only if the lease is silent. Run your own tenancy through the calculator to turn the rule into dollars. |
| Statute | Fla. Stat. § 83.49 |
No cap — but deposits on leases longer than a year must be handled specially once they exceed one month's rent. Whatever the cap, the deposit remains your money: the cap limits the request, and the sections below limit what can happen to it afterward.
Florida landlords have 15 days from when you give up possession — normally the day you return all keys — to either refund the deposit or send the written itemization that state law requires. 15 days when returning the full deposit; 30 days with itemized deductions; 35 days if the tenant moves out with proper notice. Mark the date on your calendar the day you move; a deadline that passes without refund or statement is what converts an awkward wait into a legal claim.
Yes — 5% simple. The requirement applies when the deposit is held more than 4 months and not commingled (unless the lease says otherwise). The landlord must either pay 5% simple annual interest or keep the money in a separate Florida bank account; you choose by default only if the lease is silent. Run your own tenancy through the calculator to turn the rule into dollars.
Like nearly every state, Florida lets landlords charge for real damage and unpaid costs — but not for normal wear and tear. Faded paint, worn carpet in a walkway, and small nail holes from picture hangers are the landlord's cost of doing business; broken fixtures, uncleaned appliances, and unpaid rent are chargeable. When deductions are taken, Florida requires them in writing — so photograph the unit at move-out and keep the timestamped set until the money arrives. Every line item can then be checked against how the unit actually looked, which is how inflated deductions get beaten.
Willful violations can cost the landlord up to three times the deposit. The route is almost always the same: a written demand letter citing the deadline and Fla. Stat. § 83.49, then small claims court in the county where the unit sits. Filings are cheap, lawyers aren't required, and landlords who ignored two letters usually settle the week a court date appears.
Three moves protect a Florida deposit: (1) compare the deposit you're being asked for against the cap above before you sign; (2) photograph the unit at move-in and again at move-out — documentation settles most disputes before they start (our interactive checklist walks you through it); (3) the day you return keys, write the deadline on your calendar and send your forwarding address in writing. If that date passes in silence, the demand letter template takes about ten minutes, and small claims court is the next stop.
Cap check, your personal deadline date, and the interest your deposit earned — in about twenty seconds.
This page summarizes Fla. Stat. § 83.49 as last reviewed October 5, 2026. Laws and locally announced rates change — confirm current figures with the Florida housing authority or attorney general's consumer site before relying on them.