--- title: "Florida Landlord Rules: Deposits, Notices, Evictions | MCC" description: "Florida landlord-tenant rules: no deposit cap in the law read, deposit returned within 30 days, 30-day notice to end month-to-month. Official sources linked." url: "https://mcc-solutionsnj.com/tools/florida-landlord-rules" --- Free tool · Florida · Landlords and tenants # Florida landlord rules: deposits, notices and the eviction steps The deposit rules, notice periods, eviction case and small claims limit for Florida, each from the state's own pages or courts. **Quick answer.** Security deposit return deadline in Florida: 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. Deposit limit: No maximum in 83.49. **Sources checked:** November 2026 **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. 20 of 23 items are confirmed on official pages; 3 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. Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - ### ConfirmedDeposit limit No maximum in 83.49. Source: [The Florida Senate: 2026 Florida Statutes, 83.49](https://www.flsenate.gov/Laws/Statutes/2026/0083.49), checked November 2026 - ### 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](https://www.flsenate.gov/Laws/Statutes/2026/0083.49), checked November 2026 - ### 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](https://www.flsenate.gov/Laws/Statutes/2026/0083.49), checked November 2026 - ### 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](https://www.flsenate.gov/Laws/Statutes/2026/0083.49), checked November 2026 - ### 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](https://www.flsenate.gov/Laws/Statutes/2026/0083.49), checked November 2026 - ### 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](https://www.flsenate.gov/Laws/Statutes/2026/0083.49), checked November 2026 More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-FL) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=FL) ## 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)](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), 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)](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), 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)](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), 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)](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), 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)](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), 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)](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), checked November 2026 | More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-FL) · [Notice date calculator](/tools/notice-date-calculator?state=FL) ## Eviction case, in order (7 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. #### 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](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), checked November 2026 - #### 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)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099%2F0034%2FSections%2F0034.041.html), checked November 2026 - **The tenant's answer or appearance** #### 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](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.60.html), checked November 2026 - **Hearing or trial** #### Not confirmedHearing after filing Not confirmed — check [The Florida Senate: Chapter 83, 2025 Florida Statutes](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All). Not confirmed on an official page we opened. - **Judgment and the writ** The order that lets the officer act. #### 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](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.60.html), checked November 2026 - **Lockout** Carried out by an officer, not by either side. #### 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](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), checked November 2026 - #### 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](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All), checked November 2026 - **Along the way** Paying to stop the case, counsel and diversion programs. #### Not confirmedPaying to stop the case Not confirmed — check [The Florida Senate: Chapter 83, 2025 Florida Statutes](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All). Not confirmed on an official page we opened. - #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026 - #### Not confirmedDiversion or mediation (statewide) Not confirmed — check [The Florida Senate: Chapter 83, 2025 Florida Statutes](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All). Not confirmed on an official page we opened. ### 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](/tools/eviction-process-florida) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=fl) ## Deposit disputes: small claims - ### 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](https://lakeclerkfl.gov/courts/small_claims.aspx), checked November 2026 More: [Florida small claims court](/tools/small-claims-florida) ## Still to confirm - Hearing after filing: check [The Florida Senate: Chapter 83, 2025 Florida Statutes](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All) - Paying to stop the case: check [The Florida Senate: Chapter 83, 2025 Florida Statutes](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All) - Diversion or mediation (statewide): check [The Florida Senate: Chapter 83, 2025 Florida Statutes](https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All) 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](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords) ## Keep rental records in order [Bookkeeping for small landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)