Identify the event before choosing the deadline. Notice about where a deposit is held, returning a deposit, making a claim, and objecting to a claim are different steps under Florida’s residential landlord-tenant law.
Jump to: Keep the four timelines separate · Does a duplex landlord have no deposit duties? · How must a claim notice be delivered? · Example: no claim versus a proposed deduction · How does this differ from brokerage escrow?
Keep the four timelines separate
| Event | General rule under section 83.49 |
|---|---|
| Initial disclosure about holding the deposit or advance rent | In the rental agreement or within 30 days after receipt. Subsection (2) does not apply to a landlord renting fewer than five individual dwelling units. |
| Rental agreement terminates, tenant vacates, and no claim will be made | Return the security deposit and required interest within 15 days after termination. |
| Landlord intends to claim against the deposit | Provide the required written claim notice within 30 days after termination. |
| Tenant receives the claim notice | Tenant has 15 days after receipt to object to the deduction. If there is no timely objection, the landlord may deduct the claim and must remit the balance within 30 days after the date of the notice. |
Does a duplex landlord have no deposit duties?
No. The fewer-than-five-units exception concerns the initial disclosure subsection. It does not erase the separate holding, refund, and claim requirements. Count the individual dwelling units the landlord rents; do not assume that the single building mentioned in a question is the landlord’s entire rental portfolio.
Covered deposits and advance rent beyond the next immediate rental period must be handled using a permitted method. Section 83.49 describes separate Florida accounts and a surety-bond alternative, with interest requirements depending on the method. Do not treat deposits as unrestricted operating money. Advance rent may be disbursed for the landlord’s benefit when that rental period begins.
How must a claim notice be delivered?
The current claim-notice provision permits certified mail to the tenant’s last known mailing address or email in accordance with section 83.505. Email is not automatic: the parties must use the required voluntary written addendum and designated email addresses. The sender must retain the notice and evidence of transmission. Follow the statutory notice content; a casual text message is not a substitute.
If the landlord misses the required claim-notice deadline, the statute generally forfeits the right to claim against or offset the deposit, while allowing a damages action after returning it. Exceptions and other tenancy rules can matter—for example, subsection (5) addresses notice when a tenant leaves early or leaves certain periodic tenancies. An actual dispute needs review of the lease and full statute.
Example: no claim versus a proposed deduction
Assume a covered tenancy ends normally, the tenant vacates at termination, and no exception applies. If the landlord will make no claim, use the 15-day return rule. If the landlord intends to deduct $250 from a $1,500 deposit, use the 30-day claim-notice rule. The tenant’s separate 15-day objection period starts with receipt of that notice. The $1,250 balance is not automatically payable 15 days after move-out in every claim scenario.
How does this differ from brokerage escrow?
Do not substitute the sales-associate next-business-day or broker third-business-day timeline for these landlord-tenant events. Section 83.49(3)(d) specifically addresses licensed brokers handling covered rental deposits and the interaction with chapter 475. See brokerage escrow deposit deadlines and property manager duties.
Check your understanding
- Does the fewer-than-five-units exception eliminate the 15-day no-claim refund rule?
- Does the tenant’s objection period start when the landlord receives the original deposit?
- May any landlord use email for a claim notice simply because they know the tenant’s email address?
Answers and explanations
- No. That exception applies to the initial disclosure subsection.
- No. It runs from receipt of the claim notice.
- No. The statutory electronic-delivery requirements must be satisfied.
Sources and next steps
Sources checked October 20, 2026. Use current law and program guidance when applying these concepts to a transaction.
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