Updated 2026 · Florida Law
Security Deposit Laws in Miami, Florida (2026)
Under Fla. Stat. § 83.49, landlords in Miami must return your security deposit within 30 days after you vacate the unit. Failure to comply entitles you to the deposit plus statutory penalties. This page is a plain-language reference to Florida's security deposit statute as it applies to Miami renters. Florida requires landlords to notify tenants within 30 days of where and how their deposit is held, whether in a surety bond or a separate interest-bearing account.
30
Days to Return
Forfeit + damages
Penalty
$8,000
Small Claims Limit
Florida Security Deposit Statute — Quick Reference
Statute
Return Deadline
30 days after tenancy ends — 15 days if no deductions, 30 days if making deductions
Penalty
Landlord forfeits the right to claim any deductions and may owe you additional damages
Interest Required
Yes — 75% of annualized average interest rate (if landlord elects interest-bearing account) (Only if landlord holds deposit in interest-bearing account or surety bond)
Small Claims Limit
$8,000
Filing Fee
$55–$300
The 30-Day Return Deadline in Detail
Under Fla. Stat. § 83.49, a Miami landlord has 30 calendar days after the tenancy ends to return your security deposit. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with copies of receipts, invoices, or estimates supporting each charge.
Important: 15 days if no deductions, 30 days if making deductions. The clock starts when the tenancy legally terminates — typically your move-out date or lease end date, whichever is later. To protect your rights, provide your forwarding address in writing on or before your move-out date.
Penalty for Violation
Florida Statutory Penalty
Landlord forfeits the right to claim any deductions and may owe you additional damages
Cite: Fla. Stat. § 83.49
Full deposit if no itemized statement provided. To recover these penalties, file in small claims court in Miami's jurisdiction. You may also send a formal demand letter first — many landlords return deposits once they receive a written legal demand citing the applicable statute.
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Small Claims Court — Florida
How to find your court
File at the County Court in the county where the rental property is located.
Florida court finder →Miami Security Deposit FAQ
How long does a Miami landlord have to return my security deposit?
15 days if no deductions are made; 30 days if deductions are claimed, under Fla. Stat. § 83.49(3). If the landlord intends to make deductions, they must send written notice of the intent — by certified mail to the tenant's last known address — within 30 days of the tenancy termination. Failure to send this notice within 30 days forfeits the landlord's right to make any deductions.
What is the penalty if my Miami landlord fails to return my deposit on time?
Under Fla. Stat. § 83.49(3)(c), a landlord who fails to comply with the deposit return requirements (including the 30-day notice deadline) forfeits the right to impose any claim on the deposit. The tenant may then recover the full deposit. If the landlord's non-compliance was willful, additional damages may be available under Florida landlord-tenant law.
Does my Miami landlord have to pay interest on my security deposit?
Yes, unless the deposit is less than $200 or the lease is for less than 6 months. Under Fla. Stat. § 83.49(1), deposits held in a non-interest-bearing account must earn interest paid at a rate of 5% per year; deposits held in an interest-bearing account earn 75% of the annualized average interest rate paid by the institution. The interest is payable annually or upon termination of the lease.
What disclosure must my Florida landlord give about the security deposit?
Within 30 days of receiving the deposit, the landlord must disclose in writing: (1) the name and address of the financial institution holding the deposit; (2) whether it is held in an interest-bearing or non-interest-bearing account; and (3) the annual interest rate, if applicable. This disclosure is mandatory under Fla. Stat. § 83.49(2). Failure to make the required disclosure can entitle the tenant to damages.
How do I sue my Miami landlord in small claims court for my deposit?
File at Miami-Dade County Court in the county where the property is located. Florida County Court handles small claims up to $8,000. Filing fees range from $55–$300 depending on the claim amount. Florida allows attorney fee recovery in successful tenant-plaintiff cases under § 83.48, making deposit disputes financially viable to pursue even with an attorney.
Related Resources
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This page is a general legal reference for informational purposes only and does not constitute legal advice. Security deposit laws may change; always verify the current statute before taking action. Full disclaimer →