Miami Security Deposit Rules 2026–27: Florida's 15- and 30-Day Deadlines, Interest, Deposit-Free Fees and How to Get Your Money Back
In Miami, renting an apartment can mean paying a security deposit and some rent in advance before you get the keys. With local rents where they are, that can add up to thousands of dollars. Getting the deposit back at move-out is where many disputes start.
The good news is that Florida law sets clear deadlines, and a landlord who misses them can lose the right to keep any of your deposit. The catch is that you have deadlines too. This guide explains how the rules work in Miami and the rest of Miami-Dade, based on the current text of the Florida Statutes, and what to do if your landlord won't pay you back.
Last checked October 2026. Sources: Florida Statutes sections 83.49 (deposits), 83.491 (fees in lieu of deposits) and 83.425 (preemption), as published by the Florida Senate for 2026; the Florida Department of Agriculture and Consumer Services' landlord-tenant guide; and Legal Services of Greater Miami. This is general information, not legal advice.
The Short Version
| Rule | What Florida law says | |---|---| | Maximum deposit | The statute sets no cap | | Return if no deductions | Within 15 days after the lease ends | | Notice of deductions | Within 30 days, by certified mail or e-mail, with the reason | | Your time to object | 15 days after you receive the notice, in writing | | Landlord misses the 30-day notice | Loses the right to claim against the deposit (but can sue separately) | | Your notice before leaving | At least 7 days' written notice, with your new address, unless the lease says otherwise | | Who wins in court | The winner gets court costs plus a reasonable attorney's fee |
Miami-Dade's local tenant rules no longer apply to deposits. A 2023 state law gave Florida full control over landlord-tenant matters, including security deposits.
Legal help: Legal Services of Greater Miami, (305) 576-0080.
Why Only State Law Matters Now
In 2023, the Florida Legislature added section 83.425 to the Florida Statutes. It says the regulation of residential tenancies is "preempted to the state" and overrides local rules on, among other things, security deposits, rental application fees, lease terms, landlord fees, required disclosures and notice requirements.
In practice, that means the rules in this guide are the same in Miami, Hialeah, Miami Beach or anywhere else in Florida. If you read about Miami-Dade County tenant protections in older articles, check whether they still apply before relying on them.
How Much a Landlord Can Charge
Section 83.49 doesn't put a limit on how much a landlord can collect as a security deposit or advance rent. The Florida Department of Agriculture and Consumer Services (FDACS) puts it plainly: a landlord "has the discretion to collect various deposits, as well as some rent in advance."
FDACS also warns that if you pay money in advance and then decide not to move in, you may not get a refund. The lease should say whether advance money is nonrefundable. Don't hand over a deposit to "hold" a unit unless you're sure you want it.
Where Your Deposit Has to Be Kept
Your landlord can't just drop your deposit into a personal checking account and spend it. Under section 83.49(1), the landlord must do one of three things:
Keep it in a separate, non-interest-bearing account at a Florida financial institution, without mixing it with the landlord's own money
Keep it in a separate interest-bearing account at a Florida financial institution. You then get either at least 75% of the annualized average interest the account earns, or 5% per year simple interest, whichever the landlord chooses
Post a surety bond with the clerk of the circuit court, and pay you 5% per year simple interest
When interest is owed, the landlord must pay it to you, or credit it against your rent, at least once a year. A landlord doesn't have to pay interest to a tenant who wrongfully ends the lease early.
The Notice You Should Get When You Move In
Landlords who rent five or more units must tell you in writing, either in the lease or within 30 days of getting your deposit:
The name and address of the bank holding the deposit, or that the landlord has posted a surety bond
Whether you're entitled to interest
A standard disclosure, written into the statute, explaining the move-out deadlines
The statute also says that if the landlord later moves the money to a different bank or changes how it's held, they must tell you within 30 days. Keep this notice with your lease. If you never got one and your landlord owns five or more units, that's worth mentioning if a dispute comes up, though the statute says it isn't a reason to withhold rent.
Move-Out: The Deadlines That Matter
This is the heart of Florida's deposit law, in section 83.49(3).
Step 1: You give notice and a forwarding address. Unless your written lease says otherwise, the statute requires at least 7 days' written notice before you move out, sent by certified mail or delivered in person, and it must include an address where you can be reached. If you skip this, the landlord no longer has to send you the 30-day notice described below. You don't lose your right to the deposit, but you make it much harder to get back.
Step 2: The landlord returns the deposit or sends a claim notice.
If the landlord isn't deducting anything, the full deposit, plus any interest owed, must be returned within 15 days after the lease ends.
If the landlord wants to keep any part of it, they must send you written notice within 30 days, by certified mail to your last known address or by e-mail if you've agreed to e-mail notices. The notice must state the amount and the reason, and it must tell you that you have 15 days to object.
If the landlord misses the 30-day deadline, the statute says they forfeit the right to impose a claim on the deposit. They have to give it back. They can still file a separate lawsuit against you for damages, but they can't simply keep your money.
Step 3: You have 15 days to object. If you disagree, send a written objection to the address in the notice within 15 days of receiving it. If you don't object in time, the landlord can deduct the claim and must send you whatever is left within 30 days of the date of their notice. Missing the 15 days doesn't wipe out your rights entirely. The law says you can still sue to recover the money, but it's simpler to object on time.
Renewals count as new deposits. If you renew your lease and your deposit carries over, the statute treats it as a new deposit under the new agreement.
If the building is sold, the deposit and any interest must be transferred to the new owner, who becomes responsible for it.
Deposit-Free Fees: Read the Fine Print
Some landlords offer a monthly fee instead of a security deposit. Since July 1, 2023, section 83.491 has governed these deals. Key points:
It's optional. The landlord decides whether to offer it, but you can always choose to pay a regular deposit instead.
You can switch at any time. You can end the fee arrangement and pay the deposit listed in your lease. The landlord must tell you if extra charges apply.
The fee is usually nonrefundable and is not a security deposit. The landlord must tell you in writing if it's nonrefundable.
You're still on the hook for damage. Paying the fee doesn't cover unpaid rent or damage beyond normal wear and tear. If the landlord uses the fee to buy insurance, you are not insured by that policy.
The fee can't go up during the lease term.
There's still a 30-day notice. After you move out, the landlord must tell you within 30 days about any amounts owed. They can't file an insurance claim until at least 15 days after that notice.
The insurer can come after you. If the landlord's insurer pays a claim, it may seek reimbursement from you within one year after your tenancy ends. You keep the same defenses you'd have against the landlord.
The written agreement must include a disclosure in capital letters stating that the fee "is not a security deposit." Before signing, compare the total of a year's fees with the deposit you'd otherwise pay. You won't get the fees back.
How to Protect Your Deposit
Before you move in. FDACS recommends inspecting the unit before signing and noting any damage, such as broken fixtures. Take dated photos, give the landlord a copy and keep one yourself.
When you move out.
Send your written notice and forwarding address on time, by certified mail or in person, and keep proof
Clean thoroughly and take dated photos and video of every room
Return all keys and ask for a written receipt
Mark your calendar for 15 and 30 days after the lease ends
If Your Landlord Won't Pay
Object in writing first. Respond to any claim notice within 15 days, explaining why you disagree and attaching photos if you have them. The statute's own disclosure encourages both sides to try to settle disputes informally first.
File a complaint with FDACS. The department says that if you object to a landlord's claim, you can file a landlord/tenant complaint with FDACS.
Go to court. Either side can file a case over the deposit. Section 83.49(3)(c) says the court will move the case up on its calendar, and the winner gets court costs plus a reasonable attorney's fee. That cuts both ways: if you sue over a claim that turns out to be valid, you could owe the landlord's costs. Take an honest look at your photos and the lease before filing.
Get free legal help. Legal Services of Greater Miami helps tenants in private, public and subsidized housing in Miami-Dade and Monroe counties who face eviction, illegal lockouts or serious housing conditions. Call (305) 576-0080 in Miami-Dade or (866) 686-2760 in Monroe, or visit 4343 West Flagler Street, Suite 100.
A Note on Subsidized and Public Housing
Section 83.49 has some exceptions. It doesn't apply to hotel and motel stays, and much of it doesn't apply where rents or deposits are set by a public body, such as public housing authorities and certain federal housing programs, including Section 8. If you live in subsidized housing, check your lease and your housing agency's rules, or ask Legal Services for help.
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