Miami is one of the most renter heavy big cities in America. The U.S. Census Bureau’s QuickFacts puts the owner occupied housing rate in Miami at 30.8 percent for 2020 to 2024, which means roughly seven in ten occupied homes are rented, and the median gross rent over that period was $1,758 a month (U.S. Census Bureau QuickFacts, Miami city, Florida). In neighborhoods such as Brickell, where average rents in larger buildings run far higher, a security deposit can easily reach several thousand dollars (Homzora Miami edition, citing RentCafe and Yardi Matrix).
Florida’s security deposit law is more detailed than most. It controls not only when your deposit must come back, but also where the landlord must keep it, what the landlord must tell you about it, and the exact form of notice required before any deduction. If your landlord misses a step, Florida law can cost them the right to deduct anything at all. This guide walks through every rule in Section 83.49 of the Florida Statutes as it applies to a Miami rental.
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.
The key rules at a glance
| Rule | What Florida law requires | Statute |
|---|---|---|
| Where the money is held | A separate account at a Florida financial institution, interest bearing or not, or a surety bond | § 83.49(1) |
| Disclosure | Written notice of how and where the deposit is held, in the lease or within 30 days of receipt, for landlords with five or more units | § 83.49(2) |
| No deductions | Full refund within 15 days after the lease ends | § 83.49(3)(a) |
| Deductions | Written notice of the claim within 30 days, by certified mail or permitted email, in the statutory form | § 83.49(3)(a) |
| Your objection window | 15 days after you receive the notice to object in writing | § 83.49(3)(b) |
| Missed notice | The landlord forfeits the right to impose a claim on the deposit | § 83.49(3)(a) |
How a Miami landlord must hold your deposit
Florida gives landlords three choices for holding security deposits and advance rent beyond the next rental period (§ 83.49(1)):
- A separate non interest bearing account at a Florida financial institution. The landlord may not commingle the money with other funds or use it until the money is actually due to the landlord.
- A separate interest bearing account at a Florida financial institution. The tenant receives, at the landlord’s election, at least 75 percent of the account’s annualized average interest rate or 5 percent per year simple interest.
- A surety bond filed with the clerk of the circuit court, in the amount of the deposits held or $50,000, whichever is less, in which case the landlord pays the tenant 5 percent per year simple interest.
When interest is owed, it must be paid to the tenant or credited against rent at least once a year. A tenant who wrongfully terminates the tenancy before the end of the term is not entitled to interest (§ 83.49(9)).
The disclosure notice
A landlord who rents five or more units must tell you in writing, either in the lease or within 30 days after receiving your deposit, where the money is held or whether a bond has been posted, and whether you are entitled to interest. A new notice is required within 30 days if the holding method changes (§ 83.49(2)). The disclosure requirement does not apply to landlords who rent fewer than five units.
Why this matters in Miami
Many Miami renters lease a condominium unit from an individual owner rather than an apartment from a large company. An individual owner with fewer than five units is exempt from the disclosure notice, but the holding rules in Section 83.49(1) and the refund and claim rules in Section 83.49(3) still apply. Ask your landlord in writing where the deposit is held, and keep the answer with your lease.
Is there a limit on deposit size?
No. Section 83.49 does not cap the amount of a security deposit (§ 83.49). In a market with high rents, that is worth negotiating before you sign. Florida also allows landlords to offer a fee in lieu of a security deposit, but only with detailed written disclosures, including that you may choose to pay a regular deposit instead at any time (§ 83.491).
Moving out: the timeline
Your notice before you vacate
Florida asks something of tenants too. A tenant who vacates must give at least 7 days’ written notice by certified mail or personal delivery, including an address where the tenant can be reached, unless a written lease provides otherwise (§ 83.49(5)). If you skip this notice, the landlord is relieved of the 30 day claim notice requirement, although you do not lose your right to the deposit. This step is easy to miss, and it is the single most important thing a Miami renter can do to protect a deposit.
The landlord’s 15 and 30 day deadlines
If the landlord does not intend to claim any part of the deposit, it must return the full deposit, plus any interest owed, within 15 days after the rental agreement ends. If the landlord 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 have agreed to email notices under Section 83.505, stating the amount and reason for the claim (§ 83.49(3)(a)).
The notice must be in substantially the statutory form, which begins: “This is a notice of my intention to impose a claim for damages in the amount of” a stated sum “upon your security deposit, due to” a stated reason. It must also tell you that you must object in writing within 15 days after you receive the notice, and give the landlord’s address for objections.
What happens if the landlord misses the deadline
If the landlord fails to give the required notice within 30 days, it forfeits the right to impose a claim upon the security deposit and may not seek a setoff against it. It may still file a separate lawsuit for damages after returning the deposit (§ 83.49(3)(a)).
Objecting to a deduction
You have 15 days after you receive the notice to object in writing. If you do not object, the landlord may deduct the amount claimed and must send the remainder within 30 days after the date of the notice. Failing to object does not waive your right to seek damages in a separate action (§ 83.49(3)(b)).
A good objection letter is short and specific. Identify each charge you dispute, explain why, and attach your move in and move out photos. Send it in a way that proves delivery, and send it within the 15 day window.
Attorney’s fees
In a lawsuit over a security deposit, the prevailing party may recover court costs and a reasonable attorney’s fee, and the court must advance the case on its calendar (§ 83.49(3)(c)). Because fees go to the prevailing party, make sure your claim is well documented before you sue.
When the building changes hands
Ownership changes are common in Miami’s condo and investor market. When a rental property is sold or the rental agent changes, the deposits and any earned interest must be transferred to the new owner or agent, and a new owner is presumed to have received the deposit, a presumption limited to one month’s rent (§ 83.49(7)). If your deposit was larger than a month’s rent, keep your own proof of the amount you paid.
A Miami move out checklist
- Read your lease for its notice and move out requirements.
- Send your 7 day written notice with your forwarding address by certified mail or personal delivery (§ 83.49(5)).
- Photograph every room after it is empty, including balconies and appliances.
- Return all keys, fobs, and parking devices, and get a receipt.
- Watch your mail and email for a certified notice of claim during the 30 days after move out.
- Object in writing within 15 days of receiving any claim you dispute.
If you need help
Miami Dade County’s small claims instructions explain how to file a case in county court without a lawyer (Miami Dade County, Small Claims Court instructions). Florida’s small claims court handles cases up to $8,000 (Local 10 News). For free legal help, FloridaLawHelp.org lists legal aid organizations by county, including those serving Miami Dade (FloridaLawHelp.org).
Frequently asked questions
Can my Miami landlord charge for normal wear and tear?
Florida’s deposit statute allows claims for damages the landlord can support, and you may object to any claim in writing (§ 83.49(3)). Ordinary aging of a unit from normal use is a common basis for objection. Photos taken at move in are your best evidence.
My landlord sent the claim by regular mail. Does that count?
The statute calls for certified mail to your last known mailing address, or email if you have agreed to email notices under Section 83.505 (§ 83.49(3)(a)). If you believe notice was improper, raise it in your written objection.
Does a renewal reset my deposit rules?
Florida treats a renewal as a new rental agreement, and a deposit carried forward is treated as a new deposit (§ 83.49(6)).
Sources
- Florida Statutes § 83.49, Deposit money or advance rent
- Florida Statutes § 83.491, Fee in lieu of security deposit
- U.S. Census Bureau QuickFacts, Miami city, Florida
- Homzora Miami edition
- Miami Dade County, Small Claims Court instructions
- Local 10 News, Florida small claims limit
- FloridaLawHelp.org