Jacksonville is a military town as much as it is a port and banking center. Naval Air Station Jacksonville and Naval Station Mayport both sit within the city, and military families move in and out on orders every year (Naval Air Station Jacksonville; Naval Station Mayport). Civilian renters move often too. Across the Jacksonville metro area, about 222,300 households rent, roughly a third of all occupied homes, and the median gross rent is $1,513 a month, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Jacksonville dataset, Table B25003; Table B25064).
With a median renter household income of $53,660 (Table B25119), a deposit of one month’s rent is a meaningful sum for most Jacksonville renters. Florida’s deposit law, Section 83.49 of the Florida Statutes, is strict and procedural, and it rewards tenants who follow its steps. This guide explains those steps, with a section on how they apply when military orders end a lease early.
Homzora is a housing research publisher, not a law firm. This article explains Florida statutes in plain English and is not legal advice for your situation.
Where your deposit must be kept
Florida does not let a landlord simply drop your deposit into its operating account. Under Section 83.49(1), the landlord must use one of three methods (Fla. Stat. § 83.49(1)):
- A separate non interest bearing account in a Florida financial institution, with no commingling and no use of the money until it is actually due to the landlord.
- A separate interest bearing account in a Florida financial institution, paying the tenant, at the landlord’s election, at least 75 percent of the annualized average interest rate on the account or 5 percent per year simple interest.
- A surety bond filed with the clerk of the circuit court, with 5 percent per year simple interest paid to the tenant.
Landlords who rent five or more units must tell you in writing which method they use, in the lease or within 30 days after receiving the deposit (§ 83.49(2)). Many Jacksonville renters lease single family homes from individual owners with fewer units, who are exempt from that disclosure but still bound by the holding and refund rules.
The refund process
Your 7 day notice
Unless your written lease provides otherwise, Florida requires a tenant who vacates to give the landlord at least 7 days’ written notice by certified mail or personal delivery, including an address where the tenant can be reached (§ 83.49(5)). If you fail to give it, the landlord is relieved of the 30 day claim notice requirement, though you do not lose your right to the deposit.
The landlord’s deadlines
If the landlord does not intend to impose a claim, it must return the deposit and any interest owed within 15 days after the rental agreement ends. If it intends to impose a claim, it must send written notice within 30 days by certified mail to your last known mailing address, or by email if you agreed to email notices under Section 83.505, stating the amount and the reason (§ 83.49(3)(a)).
That notice must be in substantially the form set out in the statute, beginning with the words “This is a notice of my intention to impose a claim for damages,” and it must tell you that you have 15 days after receiving it to object in writing and where to send the objection.
The forfeiture rule
A landlord that misses the 30 day notice deadline forfeits the right to impose a claim upon the deposit and may not seek a setoff against it. It may still file a separate action for damages after returning the deposit (§ 83.49(3)(a)).
Your objection
Object in writing within 15 days after you receive the claim. If you do not, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice. Not objecting does not waive your right to seek damages in a separate action (§ 83.49(3)(b)).
Military families: orders, early termination, and deposits
Florida’s servicemember termination law
Section 83.682 lets a servicemember terminate a rental agreement in several situations, including when permanent change of station orders require a move of 35 miles or more from the rental, when temporary duty or similar orders send the servicemember 35 miles or more away for more than 60 days, and when the servicemember receives orders to move into government quarters (§ 83.682).
Notice must be in writing and must include a copy of the official orders or a written verification signed by the commanding officer. The termination date must be at least 30 days after the landlord receives the notice. The tenant owes rent prorated to the termination date and is not liable for any other rent or damages due to the early termination. These rights cannot be waived or modified by agreement (§ 83.682).
How the deposit fits in
Ending a lease under Section 83.682 does not change the deposit rules. After the termination date, the landlord still has 15 days to refund the deposit if it makes no claim, or 30 days to send a proper notice of claim (§ 83.49(3)(a)). Because Section 83.682 makes the tenant not liable for other rent or damages due to the early termination, a deduction labeled as an early termination penalty is worth questioning in a written objection.
Retaliation protection
Florida’s retaliation statute specifically protects a servicemember who terminates a rental agreement under Section 83.682. A landlord may not discriminatorily increase rent, decrease services, or bring or threaten an action for possession primarily in retaliation for that (§ 83.64).
Federal protection
The federal Servicemembers Civil Relief Act provides a separate right to terminate residential leases in qualifying circumstances (50 U.S.C. § 3955). Your installation’s legal assistance office can help you decide which law to rely on.
A move out checklist for Jacksonville
- Send your 7 day notice with your forwarding address by certified mail or personal delivery.
- If you are leaving on orders, send your Section 83.682 notice with the orders or commanding officer verification at least 30 days before your termination date.
- Photograph each room after it is empty, including yards and garages if you rent a house.
- Return all keys, remotes, and gate cards and get a receipt.
- Check your mail and email for a certified notice of claim during the 30 days after you leave.
- Object in writing within 15 days to any claim you dispute.
Court and legal help
Florida’s small claims court hears cases up to $8,000 (Local 10 News), which covers most deposit disputes. In a deposit lawsuit, the prevailing party may recover court costs and a reasonable attorney’s fee (§ 83.49(3)(c)). Jacksonville Area Legal Aid provides free civil legal services to eligible residents (Jacksonville Area Legal Aid, via FloridaLawHelp.org), and military members can use their installation legal assistance office.
A worked timeline
Here is how the Florida deadlines play out for a Jacksonville lease that ends on June 30, assuming the tenant gave the 7 day notice with a forwarding address:
| Date | What happens |
|---|---|
| June 30 | The rental agreement ends and you return the keys. |
| By July 15 | If the landlord makes no claim, the full deposit and any interest owed must be returned. |
| By July 30 | If the landlord intends to claim part of the deposit, its written notice must be sent by this date. |
| 15 days after you receive the notice | Your deadline to object in writing. |
| 30 days after the date of the notice | If you did not object, the landlord must remit the balance by this date. |
Every date in the table comes from Section 83.49(3) (§ 83.49(3)). Counting the days carefully matters, because a landlord’s notice sent after the 30 day mark forfeits its right to claim against the deposit.
Build your evidence file
Deposit disputes are won with documents. Keep these together from the day you sign the lease:
- The signed lease, any addenda, and the landlord’s written disclosure of where the deposit is held.
- Proof of the deposit amount you paid, such as a receipt or bank record.
- Dated photos and video of every room at move in and at move out.
- Copies of every repair request and the landlord’s responses.
- Your 7 day move out notice and proof of delivery by certified mail or personal delivery.
- The landlord’s notice of claim, the envelope or email showing when it was sent, and your written objection.
Mistakes Jacksonville renters make
- Skipping the 7 day notice. It relieves the landlord of the 30 day claim notice requirement (§ 83.49(5)).
- Missing the 15 day objection window. If you do not object, the landlord may deduct the claim, though you can still sue separately (§ 83.49(3)(b)).
- Not photographing the unit. On a deposit near the Jacksonville median rent of $1,513, a few hundred dollars of disputed charges is common, and photos are usually the deciding evidence.
- Leaving no forwarding address. Certified notices go to your last known mailing address, so make sure that address will reach you.
Frequently asked questions
Is there a cap on deposits in Jacksonville?
No. Section 83.49 does not limit the amount (§ 83.49).
My landlord offered a monthly fee instead of a deposit. Is that allowed?
Yes, under Section 83.491, but only with written disclosures, including that you may pay a regular deposit instead at any time and whether the fee is refundable (§ 83.491).
The house I rent was sold. What happens to my deposit?
The deposit and earned interest must be transferred to the new owner or agent, and the new owner is presumed to have received it, a presumption limited to one month’s rent (§ 83.49(7)).
Explore the Jacksonville data
All Jacksonville figures here are from Homzora’s free Jacksonville data library.
Sources
- Florida Statutes § 83.49
- Florida Statutes § 83.682, Termination by a servicemember
- Florida Statutes § 83.64, Retaliatory conduct
- Florida Statutes § 83.491
- 50 U.S.C. § 3955, Legal Information Institute
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, Tables B25003, B25064, B25119, via Homzora
- Naval Air Station Jacksonville
- Naval Station Mayport
- Local 10 News, Florida small claims limit
- Jacksonville Area Legal Aid