Licensed Florida real estate brokerage
How does Florida law require landlords to hold a tenant security deposit?
A straight answer from a licensed Florida real estate brokerage — then what you can check yourself and when to bring in a licensed professional. Free consultation: (888) 440-3766.
Florida's residential landlord-tenant law, Chapter 83, Part II, sets rules for how a landlord holds a security deposit and requires written notice to the tenant about how it is being held. In general, the deposit has to be kept in one of the ways the statute permits, not mixed into the owner's everyday spending money, and the tenant has to be told in writing where and how it is held.
The nuance is that the holding method you pick drives the details of your notice, and the notice and claim timelines after move-out are strict. The lease controls what the parties agreed to, so the lease, the notice and your actual bank handling all need to match.
Why it comes up in Florida
Security deposits are one of the most common sources of landlord-tenant disputes. Chapter 83, Part II covers deposit holding, notices, access and termination procedures, so the deposit is handled by statute and not only by whatever the lease says. A landlord who skips the written notice or follows the wrong claim timeline after move-out can lose the right to keep any part of the deposit.
Generally, the statute gives a landlord a few permitted ways to hold the money, such as a separate account or a surety bond, and each comes with its own conditions. Which one fits depends on how many units you own, whether you want the deposit to earn interest, and how you manage the property. Confirm the current options and requirements with a Florida real-estate attorney before you collect a deposit.
Who is holding the money matters too. If you hire a brokerage to manage the rental, collecting and holding deposits for others raises broker trust-account requirements. Property management for others is generally brokerage activity, so verify any manager's license on the DBPR website.
What you can check yourself
Read the deposit clause in your lease
Confirm it states the deposit, how it will be held and the conditions for returning it. The lease and the statute should say the same thing.
Review Chapter 83, Part II
The Florida Statutes are public. Read the sections on deposits and notices, and note the timelines that start when a tenancy ends.
Confirm where the money sits
Check that the account or bond you selected is actually in place before the tenant pays. Keep the account statements with your rental records.
Prepare the written notice
The tenant needs written notice of how the deposit is held. Keep a signed or documented copy with the lease and the move-in paperwork.
Check association rules
If the property is in a condominium or HOA, review the documents for approval steps or tenant requirements that touch on deposits. Verify with the association.
When to bring in a licensed professional
Call a Florida real-estate attorney for legal questions: a deposit dispute, a tenant who contests a claim, or a question about which holding method is right for you. We are a brokerage, not a law firm, so we do not give legal advice. Verify any manager's license status with DBPR.
Call us at (888) 440-3766 if you want help renting the property with the deposit paperwork handled correctly from the start. Our free consultation carries no obligation, and a licensed real-estate professional, either Premier Real Estate Group Inc or a licensed agent we refer you to, will contact you by phone or email.
Premier Real Estate Group Inc is a licensed Florida real estate brokerage (broker license BK3314523). Verify at Florida DBPR.
What a licensed real-estate professional will do
- Prepare a Florida leaseWe prepare a written lease with the deposit terms stated clearly and consistent with Florida's landlord-tenant statute.
- Handle the depositDeposit handling is part of our rental service, including the written notice to the tenant about how the deposit is held.
- Screen applicants consistentlyWe apply the same written criteria to every applicant and keep advertising and screening within fair housing rules.
- Coordinate association approvalWhere a condominium or HOA requires tenant screening or approval, we coordinate the paperwork.
- Document the move-inWe prepare move-in documentation so the property's condition is on record, which matters if a deposit claim comes up later.
Related questions
- Does the tenant have to be told in writing where the deposit is held?
- Florida's landlord-tenant law calls for written notice to the tenant about how the deposit is held. The exact content and timing depend on the statute and your lease, so have a Florida real-estate attorney confirm your notice.
- What happens to the deposit when the tenancy ends?
- Chapter 83, Part II sets notice and claim timelines that you must follow after the tenant moves out. Missing them can affect your right to withhold anything, so keep move-in and move-out documentation and verify the current deadlines with an attorney.
- Can I hold the deposit myself if I own the property?
- Owners may lease their own property without a license, so you can collect the deposit yourself. You still have to hold it in a permitted way and give the required notice. If a brokerage manages the property for you, broker trust-account requirements apply.
- Does a condo or HOA change how a deposit works?
- The statute still governs how you hold the tenant's deposit. The association may add its own approval steps or require its own deposits. Read the association documents and ask the association directly.
Tell us about your rental property
Where it is, its size and when it's available. A licensed real-estate professional will contact you.
Licensed brokerage
Premier Real Estate Group Inc
Broker of record Maxim Bohadana, Florida broker license BK3314523
(888) 440-3766