Deposit and money up front: what the law requires of the landlord
Two things surprise almost everyone renting in Florida for the first time: how much money you have to hand over before you move in, and how easily that deposit never comes back. The first is a planning problem. The second is a question of deadlines, and those are written into state law.
How much you need to move in
Count the whole package, not “one month of rent”. In a typical case that is three amounts: first month, last month and the deposit. Then add whatever the building charges:
- a pet deposit, if you have one;
- a separate deposit and a non-refundable association fee, if it is a condo;
- an application fee, which you do not get back;
- sometimes an elevator fee for moving day.
The practical takeaway: on a $2,500 rental, plan for something like $7,500 to $9,000 up front, not $2,500. And ask for the full list of payments before you apply, because the fees are non-refundable.
What the law requires of the landlord
Deposit rules live in section 83.49 of the Florida Statutes. In short:
- Keep it separate. The landlord has to hold your deposit and advance rent in a separate account or post a surety bond, not mix it in with their own money.
- Tell you in writing. In the lease, or within 30 days of receiving the money, they have to tell you where and how your deposit is held. This does not apply to landlords who rent out fewer than five units.
The deadlines worth memorising
- 15 days. If the landlord is not going to keep anything, they have to return the deposit within 15 days of you moving out.
- 30 days. If they are, they have 30 days to send you written notice with the amount and the reason. That notice has a required form and a required way of sending it.
- Miss the deadline, lose the right. If the written notice is not sent in time, the landlord forfeits the right to keep anything out of the deposit.
- 15 days to object. Once you get the notice, you can object in writing. Saying nothing counts against you.
What to do so the deposit comes back
- Film the place when you move in. Walk through and record everything slowly: walls, floors, appliances, plumbing, windows. The date on that file is your main argument a year later.
- Write up the defects and give the list to the landlord. In writing, with photos, before you sign. Keep a copy.
- Leave a written mailing address. The claim notice goes to your last known address. If the letter never reaches you, the clock runs anyway.
- Film the same walkthrough on the way out and keep your messages with the landlord.
Red flags around money
Anything involving a transfer before you have seen the place is a reason to stop. Normal: paying after the lease is signed and you have the keys. Not normal: wiring a “holding deposit” to someone you have never met, for an apartment you have never been inside. More on what we do not check, and why checking is on you, in the Terms of Use.
This is not legal advice. Primary sources: section 83.49 of the Florida Statutes and the Florida Department of Agriculture and Consumer Services guide. On the lease itself and the official form, see the separate guide.
