Across the Orlando, Kissimmee, and Sanford metro area, about 377,600 households rent their homes, roughly 36.9 percent of the region’s 1,022,300 occupied households, and the median gross rent is $1,760 a month, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Orlando dataset, Table B25003; Table B25064). The median renter household earns $57,872 a year (Table B25119), so a deposit equal to one month’s rent amounts to more than a third of a typical renter’s monthly gross income.
Orlando’s rental market is dominated by large professionally managed apartment communities, and many of them now offer a choice at signing: pay a traditional security deposit, or pay a smaller monthly or one time fee instead. Florida regulates both options. This guide explains how each works under Florida law, so you can choose wisely at move in and protect your money at move out.
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.
Deposit or fee in lieu? Know the difference
A traditional security deposit
A security deposit is your money held by the landlord under Section 83.49 of the Florida Statutes. It must be kept in a separate account at a Florida financial institution or secured by a surety bond, and it must be returned or properly claimed against after the tenancy ends (Fla. Stat. § 83.49).
A fee in lieu of a security deposit
Since July 1, 2023, Florida has allowed landlords to offer a fee in lieu of a security deposit under Section 83.491. The statute sets strict conditions (§ 83.491):
- The option is voluntary for the landlord, but if offered, it must be offered to all new tenants on the same premises.
- Before you agree, the landlord must tell you in writing that you may pay a security deposit instead at any time, and that you may end the fee arrangement at any time by paying the deposit.
- The landlord must disclose whether the fee is nonrefundable and that it does not reduce your responsibility for rent, fees, or damage beyond normal wear and tear.
- If any part of the fee buys insurance, you are not insured and are not a beneficiary of that coverage.
- The fee may not increase during the rental term.
- A landlord may not use your choice to pay the fee as a factor in approving or denying your application.
- After the tenancy ends, the landlord must notify you within 30 days of any amounts owed and may not submit a claim to an insurer until at least 15 days after that notice.
Which should you choose?
The fee lowers your cash at signing, but a deposit is refundable and a fee often is not. Compare the total you will pay in fees over the full lease term against the deposit you would get back if you leave the unit in good condition. Remember that with a fee, you still owe for damage beyond normal wear and tear, so the fee does not protect you the way insurance would.
How Orlando landlords must hold deposits
If you pay a traditional deposit, the landlord must choose one of three methods (§ 83.49(1)):
- A separate non interest bearing account at a Florida financial institution, without commingling or using the funds until they are due.
- A separate interest bearing account, paying you, at the landlord’s election, at least 75 percent of the account’s annualized average interest rate or 5 percent simple interest per year.
- A surety bond, with 5 percent simple interest per year paid to the tenant.
Landlords with five or more units must give you a written disclosure of the holding method, in the lease or within 30 days after receiving the deposit (§ 83.49(2)). Most Orlando apartment communities meet that threshold, so look for the disclosure in your lease packet.
Getting your deposit back
Step 1: Send your 7 day notice
Unless your written lease says otherwise, Florida requires a tenant who vacates to give 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 skip it, the landlord is relieved of the 30 day claim notice requirement, though you keep your right to the deposit.
Step 2: Watch the 15 and 30 day deadlines
If the landlord makes no claim, it must return the deposit plus any interest owed within 15 days after the lease ends. If it intends to claim against the deposit, it must send written notice within 30 days by certified mail, or by email if you agreed to email notices under Section 83.505, using the statutory form that begins “This is a notice of my intention to impose a claim for damages” (§ 83.49(3)(a)).
Step 3: Object within 15 days
You have 15 days after receiving the notice to object in writing. If you do not, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice. You still keep the right to sue for damages separately (§ 83.49(3)(b)).
The forfeiture rule
A landlord that fails to send the required notice within 30 days forfeits the right to impose a claim upon the deposit, though it may still sue separately for damages after returning the deposit (§ 83.49(3)(a)).
Common Orlando move out charges, and how to respond
| Charge | Questions to ask |
|---|---|
| Carpet replacement | How old was the carpet? Was the damage beyond ordinary use? Ask for invoices. |
| Painting | Was repainting needed because of your actions or simply because time passed? |
| Cleaning | Does your lease set a cleaning standard? Do your move out photos meet it? |
| Pest treatment | Is there evidence the problem began during your tenancy and was caused by you? |
| Unpaid utilities or fees | Are the amounts supported by your ledger and the lease? |
Raise every disputed item in your written objection within the 15 day window, and attach photos and receipts.
Large communities and ownership changes
Orlando apartment communities are bought and sold often. When a property is sold or the rental agent changes, deposits and earned interest must be transferred to the new owner or agent, and the new owner is presumed to have received the deposit, a presumption limited to one month’s rent (§ 83.49(7)). Keep your receipt for the deposit you paid, especially if it exceeded one month’s rent.
If you have to go to court
Florida’s small claims court handles cases up to $8,000 (Local 10 News). In a deposit case, the prevailing party may recover court costs and a reasonable attorney’s fee (§ 83.49(3)(c)). FloridaLawHelp.org lists free legal aid organizations serving Orange, Osceola, and Seminole counties (FloridaLawHelp.org).
A worked timeline
Here is how the Florida deadlines play out for a Orlando 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 Orlando 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 Orlando median rent of $1,760, 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
Can an Orlando landlord require the fee instead of a deposit?
No. Under Section 83.491, the tenant may choose to pay a security deposit instead at any time, and the landlord may not use the choice of fee as a factor in approving or denying an application (§ 83.491).
Do I earn interest on my deposit?
Only if the landlord holds it in an interest bearing account or posts a surety bond (§ 83.49(1)). Your disclosure notice should say which method applies.
Is there a limit on how much the deposit can be?
Florida does not cap the amount of a security deposit (§ 83.49).
Does renewing my lease change anything?
A renewal is treated as a new rental agreement, and a deposit carried forward is treated as a new deposit (§ 83.49(6)).
Explore the Orlando data
Rent, income, and tenure figures for the metro are free to download from Homzora’s Orlando data library.
Sources
- Florida Statutes § 83.49
- Florida Statutes § 83.491, Fee in lieu of security deposit
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, Tables B25003, B25064, B25119, via Homzora
- Local 10 News, Florida small claims limit
- FloridaLawHelp.org