Florida Security Deposit Law: The 15-Day / 30-Day Timeline (2026)
In Florida, a landlord who does not intend to claim any part of a security deposit must return it within 15 days after the rental agreement terminates (Fla. Stat. s. 83.49(3)(a)). A landlord who does intend to claim part of it has 30 days after termination to send the tenant written notice of the claim, and the tenant then has 15 days after receiving that notice to object in writing.
The clocks at a glance
| Situation | Deadline | What s. 83.49(3) says to do |
|---|---|---|
| No claim on the deposit | 15 days after termination of the rental agreement | Return the security deposit, with interest if otherwise required. |
| Claim on the deposit | 30 days after termination | Give written notice of your intention to impose a claim and the reason, by certified mail to the tenant’s last known mailing address or by e-mail in accordance with s. 83.505. |
| Tenant objects | Within 15 days after the tenant receives your notice | The tenant must object in writing. |
| Tenant does not object | Balance due within 30 days after the date of your notice | You may deduct your claim and must remit the balance (s. 83.49(3)(b)). |
These rules cover deposits other than advance rent; s. 83.49(3) lets a landlord move advance rent to the landlord’s account when the advance rental period begins, without notice. Section 83.49(4) lists exclusions, including hotel and motel transient rentals and housing whose rent or deposit is regulated by law or a public body.
How to count the days
Section 83.49(3) says “days.” It does not say business days, and it has no weekend or holiday exclusion. Compare s. 83.56(3), where the 3-day rent notice expressly excludes Saturday, Sunday, and legal holidays. So plan as if every calendar day counts, starting the day after termination. The statute also does not define which date is “termination” (lease end, move-out, key return); it speaks of “the vacating of the premises for termination of the rental agreement.” Use the earliest plausible date for your own calendar.
Worked example
The lease ends and the tenant vacates on Saturday, October 31, 2026. Counting November 1 as day 1:
| Date | Day | Event |
|---|---|---|
| Sat, Oct 31, 2026 | 0 | Rental agreement terminates; tenant has vacated. |
| Fri, Nov 13 | 13 | Last weekday before day 15. If there is no claim, get the refund out now. |
| Sun, Nov 15 | 15 | Deadline to return the full deposit if you are not claiming any of it. Nothing in s. 83.49 moves a Sunday deadline to Monday. |
| Fri, Nov 20 | 20 | You decide to claim for damage and send the notice by certified mail. |
| Mon, Nov 23 | 23 | Tenant receives it. |
| Mon, Nov 30 | 30 | Last day to have given the claim notice. Sent on Nov 20, you are inside it. |
| Tue, Dec 8 | 38 | 15 days after receipt. With no written objection, you may deduct the claim. |
| Sun, Dec 20 | 50 | 30 days after the date of the notice (Nov 20): remit the balance by then. Treat Fri, Dec 18 as your real date. |
The statute does not say whether the 30-day deadline is met when you mail the notice or when the tenant receives it, and you cannot know the receipt date in advance. Send early.
Steps
- Record the termination date the day the tenant leaves, and calendar day 15 and day 30.
- Inspect and compare to move-in condition right away. (Section 83.49 sets no inspection rule; this is practice.)
- Decide by about day 10 whether you are claiming anything.
- No claim: return the full deposit, plus any interest due under s. 83.49(1) and (9), by day 15.
- Claim: send the statutory notice by certified mail or compliant e-mail well before day 30, and keep proof.
- Calendar 15 days from receipt. If there is no objection, deduct and remit the balance.
- If the tenant objects, s. 83.49 does not lay out further steps beyond the court-action rule in (3)(c). Court procedure is outside Chapter 83: ask the court clerk or a Florida attorney.
No notice or no address from the tenant? Under s. 83.49(5), a tenant who leaves early, or leaves a periodic tenancy, must give at least 7 days’ written notice by certified mail or personal delivery, including an address (unless the written rental agreement provides otherwise). Without it, the statute says the landlord is relieved of the notice requirement of (3)(a), but it “does not waive any right the tenant may have to the security deposit.” Talk to an attorney before relying on that.
Common mistakes
- Counting from the move-out inspection, the last rent payment, or the day you noticed the damage instead of from termination.
- Assuming weekends and holidays are skipped. The text of s. 83.49(3) does not skip them.
- Sending the claim by regular mail or text. The statute names certified mail and s. 83.505 e-mail.
- E-mailing without the signed e-mail addendum that s. 83.505(1) requires.
- Sending a notice with no amount or no reason; the statute requires the reason and the form has a blank for the amount.
- Treating tenant silence as final. Under s. 83.49(3)(b), failing to object does not waive the tenant’s right to seek damages in a separate action.
- Missing day 30. The statute says the landlord then forfeits the right to impose a claim on the deposit but may file an action for damages after returning it.
Currency: s. 83.49 was last amended by s. 2, ch. 2025-16; s. 83.505 was created by s. 1, ch. 2025-16; s. 83.56 was most recently amended by s. 2, ch. 2026-143.
Sources
- Fla. Stat. s. 83.49 — Florida Senate, 2026 Florida Statutes
- Fla. Stat. s. 83.505 — Florida Senate, 2026 Florida Statutes
- Fla. Stat. s. 83.56 — Florida Senate, 2026 Florida Statutes
Related guides
- Florida Notice of Intent to Claim a Security Deposit (Template)
- What Happens if a Florida Landlord Misses the 30-Day Deposit Deadline
- Florida 3-Day Notice to Pay Rent or Vacate: Form, Counting, Service
- Florida 7-Day Notice: Cure vs. Unconditional Quit
- Did Florida Change the 3-Day Notice to 5 Days? (SB 716, 2026)
- Can Florida Landlords Send Legal Notices by E-mail? (s. 83.505)
- Florida Landlord Entry Rules: Notice Before Entering (s. 83.53)
- Florida Month-to-Month Lease: Notice to End the Tenancy (s. 83.57)
- Florida Lockouts, Utility Shutoffs and Prohibited Landlord Practices
- Florida Landlord Repair Duty and the Tenant's Rent Defense (s. 83.60)
- Florida Preempts Local Landlord-Tenant Rules: What s. 83.425 Covers
Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.
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