Florida Security Deposit Law

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Last updated iconLast updated April 22nd, 2025

Security Deposit Florida

When handing over the keys to a new tenant, it’s common to feel some anxiety. Will they care for the property as you do? Will they leave it in a condition that allows you to quickly re-rent it? How can you best protect yourself and your investment?

Collecting a security deposit is one of the best ways landlords can protect their rental property. Often referred to as a “damage deposit,” security deposits are an upfront payment that safeguards if a tenant causes damage to the unit, abandons the lease early with unpaid debt, or skips out on utility bills.

In this guide, we’ll explore Florida security deposit law as outlined in lease agreements, how landlords can use security deposits, and the rules for returning them when a tenancy ends.

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Florida Landlord-Tenant Law: Overview of Rights 2024

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Florida landlord-tenant laws provide clear guidelines on security deposits, eviction processes, and property maintenance. We cover them in depth in this comprehensive guide.

Florida Laws Regulating Security Deposits

Like most other aspects of renting property, Florida landlord-tenant law governs the rules for handling security deposits. Since each state manages its own landlord-tenant laws, Florida landlords must understand the federal, state, and local guidelines for collecting, handling, and returning security deposits.

Florida’s primary law regulating security deposits is Florida Statute § 83.49. While this law protects both landlords and tenants when handling funds used as security deposits, it’s a good idea to clearly outline how landlords will handle the deposit within the lease agreement.

Tenants have certain protections in Florida regarding security deposits. For example, if landlords fail to provide proper notice within the required timeframe when deducting funds from the security deposit, tenants may be entitled to the full amount of the deposit, regardless of any damage to the unit.

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Maximum Security Deposit Amount

Maximum amount: Florida does not limit how much a landlord can collect for a security deposit, but most landlords typically charge one or two months’ rent. Doing so allows landlords flexibility while ensuring they remain competitive in hot rental markets.

While the type of property (furnished or unfurnished) may matter in some states, it does not impact the amount a landlord can collect for a security deposit in Florida. However, some landlords may charge more to account for potential wear and tear on furnishings.

Additionally, the length of the lease or the number of properties a landlord owns does not affect the amount they can collect.

Pet deposits: Florida does not set a legal limit on the amount a landlord can collect for a pet deposit. However, landlords cannot charge a pet fee or pet deposit for service animals or emotional support animals (ESAs), as they are not considered “pets” (Florida Statute § 413.08).

Penalties: Since Florida does not set a state-mandated maximum for security deposits, landlords face no penalties for charging more than typical.

FAQs: Security Deposit Laws in Florida

What can a landlord legally deduct from a security deposit in Florida?

Florida security deposit law states that landlords are legally allowed to deduct funds from the security deposit to cover unpaid rent, damage beyond normal wear and tear, excessive cleaning, unpaid utilities (if specified in the lease), property abandonment, and smoking-related damage.

What is considered normal wear and tear?

Examples of normal wear-and-tear include faded paint, minor scuffs or nail holes in the walls, light carpet wear, loose doorknobs, and standard cleaning needs.

Can Florida landlords charge pet deposits?

Florida landlords can charge a pet deposit at their discretion, but they cannot charge one for service animals or emotional support animals.

Can a landlord charge for painting in Florida?

Landlords can only charge for painting costs if the tenant painted without the landlord’s permission or if the paint caused significant damage to the walls.

Can a landlord ask for more money in addition to a security deposit after a tenant moves out?

If the security deposit does not fully cover unpaid rent or excessive damage costs, the landlord can pursue additional payment from the tenant by written request, filing a claim in small claims court, or hiring a collections agency. Following all legal steps outlined in Florida security deposit law is essential before initiating additional collection proceedings.