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Miami security deposit rules for landlords: what Florida law requires.

Florida has no statutory maximum on security deposits — but it has very specific rules about how to hold the deposit, when to return it, and what notice you must give before making deductions. Landlords who skip the notice step face losing the right to make any deductions at all. Here is what Fla. Stat. § 83.49 requires in Miami-Dade County.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

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Frequently Asked Questions

How long do I have to return a security deposit in Florida?
15 days if you are returning the deposit with no deductions. 30 days if you intend to make any deductions — but within those 30 days, you must send a written notice by certified mail specifying each deduction. Missing the 30-day deadline entirely means you forfeit the right to make any deductions under Fla. Stat. § 83.49.
Can a Miami landlord keep the security deposit if the tenant breaks the lease?
A Florida landlord can apply the security deposit to unpaid rent owed for the early termination period — but only if you follow the 30-day notice procedure. You must send the notice of intent to claim by certified mail within 30 days of the tenant vacating, identifying the specific amounts. If you miss this deadline, you cannot keep any of the deposit even for documented rent losses.
What is the maximum security deposit a landlord can charge in Miami?
Florida has no statutory cap on security deposits for residential rentals. Miami landlords can charge any amount the tenant agrees to. In practice, Miami-Dade residential security deposits typically range from 1 to 2 months' rent. Charging more than 2 months can make a unit harder to rent, as tenants have alternatives.
What happens if a Miami landlord doesn't return the security deposit on time?
If the landlord fails to return the deposit within 15 days (when no deductions are claimed) or fails to send the 30-day certified mail notice (when deductions are claimed), the tenant can sue in county court for return of the deposit, and potentially treble damages plus attorney fees if the court finds the withholding was in bad faith. Small Claims Court handles deposit disputes under $8,000 without requiring either party to have an attorney.

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Miami Security Deposit Rules for Landlords (2026) — Florida Statute § 83.49 | Counsel | Counsel