Sources checked:
Quick answer. Florida: no deposit cap in the law read; deposit returned within 30 days; 30-day notice to end month-to-month; 3-business-day notice for unpaid rent; 24-hour entry notice; $180 eviction filing fee; $8,000 small claims limit. 19 of 23 items are confirmed on official pages; 4 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- No cap in the law read
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 3 business days
- Entry notice
- 24 hours
- Filing fee
- $180
- Time to answer or appear
- 5 court days
- Judgment to writ
- No wait stated
- Writ to lockout
- 24 hours
- Small claims limit
- $8,000
Security deposit (6 of 6 confirmed)
Law read: Fla. Stat. 83.49.
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ConfirmedDeposit limit
No maximum in 83.49.
Source: The Florida Senate: 2026 Florida Statutes, 83.49, checked November 2026
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ConfirmedReturn deadline
With no claim on the deposit: return it (with any interest owed) within 15 days after the rental agreement ends. To keep any part: send written notice of the claim by certified mail to the tenant's last known mailing address within 30 days after it ends.
No deductions: return within 15 days
Source: The Florida Senate: 2026 Florida Statutes, 83.49, checked November 2026
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ConfirmedItemized list of deductions
A written notice of intention to impose a claim, by certified mail, in substantially the wording 83.49(3)(a) gives. The tenant then has 15 days to object in writing.
Source: The Florida Senate: 2026 Florida Statutes, 83.49, checked November 2026
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ConfirmedInterest on the deposit
Depends on how it's held: none in a separate non-interest-bearing account; in an interest-bearing account, at least 75% of the annualized average rate or 5% simple, as the landlord elects; with a surety bond, 5% simple.
Source: The Florida Senate: 2026 Florida Statutes, 83.49, checked November 2026
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ConfirmedWhere the deposit is held
In a separate account at a Florida financial institution (non-interest or interest-bearing), or the landlord posts a surety bond. Written notice to the tenant within 30 days after receiving the deposit.
Source: The Florida Senate: 2026 Florida Statutes, 83.49, checked November 2026
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ConfirmedPenalty the law states
A landlord who misses the 30-day claim notice forfeits the right to impose a claim on the deposit.
Source: The Florida Senate: 2026 Florida Statutes, 83.49, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Written notice at least 30 days before the end of any monthly period (7 days before the end of a weekly period). Either side may give it. | Source: Florida Senate: 2025 Florida Statutes, Chapter 83 (Landlord and Tenant), checked November 2026 (Fla. Stat. 83.57) |
| Ending month-to-month (tenant) | Written notice at least 30 days before the end of any monthly period (7 days before the end of a weekly period). Either side may give it. | Source: Florida Senate: 2025 Florida Statutes, Chapter 83 (Landlord and Tenant), checked November 2026 (Fla. Stat. 83.57) |
| Rent increase notice | No notice period for rent increases in Part II of chapter 83 as read. Check the lease. | Source: Florida Senate: 2025 Florida Statutes, Chapter 83 (Landlord and Tenant), checked November 2026 |
| Unpaid rent notice | 3 days after written demand, excluding Saturday, Sunday and legal holidays. | Source: Florida Senate: 2025 Florida Statutes, Chapter 83 (Landlord and Tenant), checked November 2026 (Fla. Stat. 83.56(3)) |
| Entry notice | For repairs, at least 24 hours' notice, entering between 7:30 a.m. and 8:00 p.m. | Source: Florida Senate: 2025 Florida Statutes, Chapter 83 (Landlord and Tenant), checked November 2026 (Fla. Stat. 83.53(2)) |
| Late fee limits | No late fee limit in Part II of chapter 83 as read. Check the lease. | Source: Florida Senate: 2025 Florida Statutes, Chapter 83 (Landlord and Tenant), checked November 2026 |
More: Notice periods by state · Notice date calculator
Eviction case, in order (6 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 3 days after written demand, excluding Saturday, Sunday and legal holidays.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The county court of the county where the rental is.
file in the county court of the county where the premises are situated
Source: The Florida Senate: Chapter 83, 2025 Florida Statutes, checked November 2026
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ConfirmedFiling fee
$180 to file a removal of tenant action in county court.
For removal of tenant action..........$180.
Source: Online Sunshine: Florida Statutes 34.041 (2026), checked November 2026
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
5 days after service, not counting weekends and legal holidays. To raise any defense other than payment, the tenant must also pay the rent alleged into the court registry (or move to have the rent set) in that time.
within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process
Source: Online Sunshine: Florida Statutes 83.60, checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check The Florida Senate: Chapter 83, 2025 Florida Statutes. Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
If the tenant misses the registry deadline, the landlord can get an immediate default judgment and the writ issues without another hearing.
without further notice or hearing thereon
Source: Online Sunshine: Florida Statutes 83.60, checked November 2026
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
The sheriff puts the landlord in possession after posting 24 hours' notice on the property.
after 24 hours' notice conspicuously posted on the premises.
Source: The Florida Senate: Chapter 83, 2025 Florida Statutes, checked November 2026
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ConfirmedWho carries out the lockout
The clerk issues the writ to the sheriff.
the clerk shall issue a writ to the sheriff describing the premises
Source: The Florida Senate: Chapter 83, 2025 Florida Statutes, checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check The Florida Senate: Chapter 83, 2025 Florida Statutes. Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check The Florida Senate: Chapter 83, 2025 Florida Statutes. Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check The Florida Senate: Chapter 83, 2025 Florida Statutes. Not confirmed on an official page we opened.
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Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Monday, March 8, 2027 |
More: Florida eviction process · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$8,000: the most a small claims case can ask for.
$8,000 or less, not counting costs, interest and attorney fees.
Filing fee to start a case: $55 to $300.
Source: Lake County Clerk of the Circuit Court: Small Claims Court, checked November 2026
More: Florida small claims court
Still to confirm
- Hearing after filing: check The Florida Senate: Chapter 83, 2025 Florida Statutes
- Paying to stop the case: check The Florida Senate: Chapter 83, 2025 Florida Statutes
- Right to counsel (statewide): check The Florida Senate: Chapter 83, 2025 Florida Statutes
- Diversion or mediation (statewide): check The Florida Senate: Chapter 83, 2025 Florida Statutes
Florida kit
Florida Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the Florida return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Florida?
No maximum in 83.49.
How long does a Florida landlord have to return a deposit?
With no claim on the deposit: return it (with any interest owed) within 15 days after the rental agreement ends. To keep any part: send written notice of the claim by certified mail to the tenant's last known mailing address within 30 days after it ends. What goes with it: A written notice of intention to impose a claim, by certified mail, in substantially the wording 83.49(3)(a) gives. The tenant then has 15 days to object in writing.
How much notice ends a month-to-month tenancy in Florida?
From the landlord: Written notice at least 30 days before the end of any monthly period (7 days before the end of a weekly period). Either side may give it. From the tenant: Written notice at least 30 days before the end of any monthly period (7 days before the end of a weekly period). Either side may give it.
What notice comes before an unpaid-rent case in Florida?
3 days after written demand, excluding Saturday, Sunday and legal holidays.
How much notice before a landlord enters a rental in Florida?
For repairs, at least 24 hours' notice, entering between 7:30 a.m. and 8:00 p.m.
How long does an eviction case take in Florida?
Time to answer or appear: 5 court days. Judgment to writ: No wait stated. Writ to lockout: 24 hours. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in Florida?
$180 to file a removal of tenant action in county court.
Related: Landlord rules by state · Kits for landlords