Short answer: Florida sets no legal limit on security deposits (Fla. Stat. § 83.49). In Miami, the market standard is one month’s rent; international arrivals or tenants with no U.S. credit are routinely asked for 2–3 months. The money is heavily protected: the landlord must hold it in a separate account or post a surety bond, tell you in writing within 30 days how it’s held, and return it within 15 days after you move out — or mail you a certified-mail notice of any claim within 30 days, or forfeit the right to keep any of it.
Updated: October 1, 2026.
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How much: the real numbers in Miami
| Situation | Typical amount | Notes |
|---|---|---|
| Standard lease, good U.S. credit | 1 month’s rent | The Miami market norm |
| No U.S. credit / newly arrived | 2–3 months’ rent | The most common ask for international tenants |
| Pet deposit, per pet | $200–$500 | Refundable; protected by the same statute (§ 83.49) |
| Pet fee, per pet | $250–$500 | One-time, non-refundable — not a deposit |
| Pet rent, per pet | $25–$75/month | Added to your monthly rent |
| Condo association application | $100–$150 per person | Non-refundable; approval takes 7–14 days |
| Move-in / elevator deposit (condos) | $500–$1,000 | Refundable after the move-out inspection |
Florida has no cap — the market is the ceiling. A private landlord with one unit asking for two months from a newcomer is normal; a corporate manager asking for three from a tenant with strong credit is worth negotiating down.
Where your money goes: Florida’s holding rules (§ 83.49)
Your landlord has exactly three lawful options for your deposit:
- A separate, non-commingled account in a Florida bank — never mixed with the landlord’s own money.
- A separate interest-bearing account in a Florida bank.
- A surety bond posted with the clerk of the court in the county where the unit is located.
Within 30 days of receiving your money, the landlord must notify you in writing of how it’s being held, the interest rate if any, and when interest is paid. One nuance: this notice requirement doesn’t apply to landlords renting fewer than five individual units — but the rules below apply to every landlord.
Interest: you only get interest if the deposit sits in an interest-bearing account or under a surety bond. Then the landlord owes you annually the greater-of-choice: 75% of the account’s annualized average interest rate, or 5% simple interest per year — whichever the landlord elects. Most Florida landlords use non-interest-bearing accounts, so in practice most tenants see no interest.
The 15/30-day rule: the part landlords get wrong
The return clock starts the day you vacate, and it has two tracks:
- No claim: the landlord has 15 days to return the full deposit (plus any interest owed). No notice, no itemization — just the money.
- A claim: the landlord has 30 days to send you written notice by certified mail to your last known address, stating the intention to impose a claim, the amount, and the reasons.
You then have 15 days from receipt to object in writing. If you don’t object, the landlord may deduct the claim and must remit the balance within 30 days of the notice date.
The harsh edge: if the landlord misses the 30-day certified-mail notice, they forfeit the right to impose any claim on the deposit — and must return all of it. Real, documented, expensive damage does not save a notice sent on day 31 or by the wrong method. Certified mail is required; regular mail, email, or a text does not satisfy the statute. The landlord can still sue you separately for damages afterward, but they can’t keep your deposit.
The monthly-fee alternative (§ 83.491)
Since July 1, 2023, Florida landlords may offer a non-refundable monthly fee instead of a traditional security deposit. The rules:
- Entirely optional for the landlord — and optional for you.
- Must be in a written agreement with the full statutory disclosure: the fee is not a deposit, and paying it doesn’t reduce your liability for rent or for damage beyond normal wear and tear.
- You can switch back anytime: terminate the fee agreement and pay the regular deposit instead.
- The landlord cannot use your choice (fee vs. deposit) as a criterion to approve or deny your application, and must offer the option to all new tenants on the same premises — or to none.
- If there’s unpaid rent or damage at move-out, the landlord must notify you within 30 days of the tenancy ending of what you owe, and wait another 15 days before filing any insurance claim.
Do the math over your full lease term. Example: $3,000 rent with a $150/month fee. Over 12 months the fee costs you $1,800 that never comes back, versus a $3,000 deposit you’d get back if the unit is clean. Over 24 months, the fee option costs $3,600 — more than the deposit itself. The fee buys you lower move-in cash; it never buys you money back. (There’s also a middle path: the statute lets you and the landlord agree to pay the deposit in monthly installments while you’re in the fee program.)
Normal wear and tear vs. damage
Florida law lets the landlord deduct for damage beyond normal wear and tear — and for unpaid rent. The practical line:
| Normal wear and tear (landlord’s cost) | Damage (your deposit) |
|---|---|
| Faded paint, small nail holes from hanging pictures | Large holes in walls, unauthorized paint colors |
| Carpet worn in traffic areas | Pet stains, burns, tears in carpet or floors |
| Loose handles, minor scuffs | Broken doors, windows, or fixtures |
| Appliances aging normally | Missing remotes, keys, garage openers; filth requiring professional cleaning |
Inspect with photos. Walk through on move-in day, photograph every room with timestamps, and keep the file. Do the same at move-out. Florida’s entire dispute system runs on evidence — when photos disagree with a deduction list, photos win. This is general information, not legal advice.
What most people don’t know
- The forfeit rule is absolute. Landlord misses the 30-day certified-mail window? They must return everything. They can still file a lawsuit for damages afterward — but not keep your deposit.
- Interest is not automatic. Most Florida landlords hold deposits in non-interest-bearing accounts, in which case no interest is owed to you at all.
- The 30-day “how we hold your money” notice doesn’t apply to landlords with fewer than five units. The 15/30-day return deadlines apply to everyone.
- The monthly fee is reversible. Pay the deposit at any point and the fee stops (§ 83.491) — useful if your cash flow improves mid-lease.
- Assistance animals are exempt. No pet deposit, pet fee, or pet rent can be charged for a documented service animal or emotional support animal under federal fair housing rules.
- Prepaid rent is not a security deposit. Each upfront dollar should be labeled in the lease — deposit vs. advance rent — because different rules govern each. Get the breakdown in writing.
Frequently asked questions
Is there a maximum security deposit in Florida?
No. Florida sets no cap — one month is the market standard, and 2–3 months is common for newcomers without U.S. credit. The ceiling is what landlords can defend, not what the law sets.
When exactly do I get my deposit back?
Within 15 days after you vacate if the landlord makes no claim. If they claim damage, they must mail you a certified-mail notice within 30 days; you then have 15 days from receipt to object in writing.
What if my landlord never sent the 30-day claim notice?
They forfeited the right to keep any of the deposit. Demand the full amount back in writing. (General information — for your specific case, consult a Florida tenant attorney.)
If I’m offered the monthly fee instead of a deposit, should I take it?
Not automatically. It lowers your move-in cash but never returns a cent. Compare the total fee over your full lease term against a deposit you’d get back — and remember you can switch to the deposit later at any time.
Yara Coker — SETTLE, relocation services in Miami.
