Florida Statute 83.49 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.49

83.49 Deposit money or advance rent; duty of landlord and tenant.—

(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either:

(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;

(b) Hold the total amount of such money in a separate interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or

(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord’s agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.

(2) The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit. Subsequent to providing such written notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she must notify the tenant within 30 days after the change as provided in paragraphs (a)-(d). The landlord is not required to give new or additional notice solely because the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to give this notice is not a defense to the payment of rent when due. The written notice must:

(a) Be given in person or by mail to the tenant.

(b) State the name and address of the depository where the advance rent or security deposit is being held or state that the landlord has posted a surety bond as provided by law.

(d) Contain the following disclosure:

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.

YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.

THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

(3) The landlord or the landlord’s agent may disburse advance rents from the deposit account to the landlord’s benefit when the advance rental period commences and without notice to the tenant. For all other deposits:

(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, constitutes compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).

(4) The provisions of this section do not apply to transient rentals by hotels or motels as defined in chapter 509; nor do they apply in those instances in which the amount of rent or deposit, or both, is regulated by law or by rules or regulations of a public body, including public housing authorities and federally administered or regulated housing programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended, other than for rent stabilization. With the exception of subsections (3), (5), and (6), this section is not applicable to housing authorities or public housing agencies created pursuant to chapter 421 or other statutes.

(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.

(6) For the purposes of this part, a renewal of an existing rental agreement shall be considered a new rental agreement, and any security deposit carried forward shall be considered a new security deposit.

(7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records to the new owner or agent, and upon transmittal of a written receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There is a rebuttable presumption that any new owner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month’s rent. This subsection does not excuse the landlord or agent for a violation of other provisions of this section while in possession of such deposits.

(8) Any person licensed under the provisions of s. 509.241, unless excluded by the provisions of this part, who fails to comply with the provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation in the manner provided in s. 509.261.

(9) In those cases in which interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month’s rent, the interest due to the tenant at least once annually. However, no interest shall be due a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term.

History.—s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; s. 5, ch. 73-330; s. 1, ch. 74-93; s. 3, ch. 74-146; ss. 1, 2, ch. 75-133; s. 1, ch. 76-15; s. 1, ch. 77-445; s. 20, ch. 79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, ch. 83-217; s. 3, ch. 87-195; s. 1, ch. 87-369; s. 3, ch. 88-379; s. 2, ch. 93-255; s. 5, ch. 94-218; s. 1372, ch. 95-147; s. 1, ch. 96-146; s. 1, ch. 2001-179; s. 53, ch. 2003-164; s. 3, ch. 2013-136; s. 2, ch. 2024-199.

Note.—Former s. 83.261.

F.S. 83.49 on Google Scholar

F.S. 83.49 on Casetext

Amendments to 83.49

Arrestable Offenses / Crimes under Fla. Stat. 83.49

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.49.

Annotations, Discussions, Cases:

Cases Citing Statute 83.49

Total Results: 20

Daymi Martinez v. Roads Point Townhomes, Inc., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 83.49(3)(a), Fla. Stat. (2022) (“If the landlord fails… for damages after return of the deposit.”); § 83.49(5), Fla. Stat. (2022) (“Failure [of a month to month

Pierre Woodland Meadows, LLC, d/b/a The Osprey v. KAC 2021-1 LLC, as Assignee to Iregena Percentie

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-24T00:00:00-08:00

Snippet: forwarding address as required by the lease and section 83.49(5), Florida Statutes (2022). The landlord properly…at the tenant’s “last known mailing address.” § 83.49(3)(a), Fla. Stat. (2022). We affirm as to Appellee

FRANCES FRIES v. TIM ANDERSON and LAURA ANDERSON

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00

Snippet: security deposit under section 83.49, Florida Statutes (2019). Section 83.49(3)(c) entitles the prevailing

FRANCES FRIES v. TIM ANDERSON and LAURA ANDERSON

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-24T23:53:00-08:00

Snippet: Florida Small Claims Rules 7.175, Chapters 83.48 and 83.49(3)(c), and, Chapter 57.105(1) Florida Statutes […Florida Small Claims Rules 7.175, Chapters 83.48 and 83.49(3)(c), and, Chapter 57.105(1) Florida Statutes […entitled by law to fees and costs pursuant to Chapter 83.49(3)(c).” Subsequently, the trial court conducted

Atlantis Estate Acquisitions, Inc. v. DePierro

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-24T00:00:00-07:00

Citation: 125 So. 3d 889, 2013 WL 1748642, 2013 Fla. App. LEXIS 6544

Snippet: advance rent under section 83.49. The tenants contended that section 83.49(3)1 required the landlord to…held in a segregated account pursuant to section 83.49(1), Florida Statutes. The court also denied the … in a separate account, in violation of section 83.49. Count II sought a return of the advance rent alleging…landlord contended that it did not violate section 83.49(2) by failing to segregate and hold the monies in…tenant in accordance with the provisions of section 83.49(1). The court determined that the landlord would

Plakhov v. Serova

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-24T00:00:00-07:00

Citation: 126 So. 3d 1221, 2012 WL 5232231, 2012 Fla. App. LEXIS 18503

Snippet: fails to comply with section 83.49(2), Florida Statutes (2008). See § 83.49(8), Fla. Stat. (2008) (providing…that the Landlord failed to comply with section 83.49(2), Florida Statutes (2008), by failing to provide…rents fewer than five individual dwelling units.” § 83.49(2)(c), Fla. Stat. (2008). The Landlord owned but…provides that “[fjailure to provide this [section 83.49(2) ] notice shall not be a defense to the payment…to comply with the notice requirement of section 83.49(3)(a), Florida Statutes (2009). This argument fails

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

Court: Fla. | Date Filed: 2010-04-15T00:00:00-07:00

Citation: 50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

Snippet: days after the date of the notice. SOURCE: Section 83.49(3)(a), Florida Statutes (40052007) FORM NOTES ARE…. ItThis notice is sent to you as required by § 83.49(3), Florida Statutes. You are hereby notified that

Florida RS, Inc. v. Nelson

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-18T00:00:00-08:00

Citation: 751 So. 2d 55, 1998 Fla. App. LEXIS 15959, 1998 WL 879142

Snippet: action for breach of lease and violation of section 83.49(9), Florida Statutes (1995), which requires that

Adkins v. Adkins

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-04T00:00:00-07:00

Citation: 675 So. 2d 199, 1996 Fla. App. LEXIS 5691, 1996 WL 291931

Snippet: wife’s profit sharing plan in the amount of $5,083.49 as of July 31,1994. In paragraph 10 of the final… wife’s profit-sharing plan in the amount of $5,083.49 as an equitable distribution of the marital estate

Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b)

Court: Fla. | Date Filed: 1991-12-05T00:00:00-08:00

Citation: 591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213

Snippet: security deposit). It is sent to you as required by s. 83.49(3) Florida Statutes. You are hereby notified that…days after the date of the notice. SOURCE: Section 83.49(3)(a), Florida Statutes (1990). SATISFACTION OF

Casey v. Picinich

Court: Fla. Dist. Ct. App. | Date Filed: 1990-12-28T00:00:00-08:00

Citation: 573 So. 2d 76, 1990 Fla. App. LEXIS 9741, 1990 WL 211735

Snippet: any claim upon appellant’s security deposit. § 83.49(3)(a), Fla.Stat. (1987). Therefore, we reverse and

Malagon v. Solari

Court: Fla. Dist. Ct. App. | Date Filed: 1990-09-05T00:53:00-07:00

Citation: 566 So. 2d 352

Snippet: Appellants sought attorney's fees under section 83.49(3)(c), Florida Statutes (1989), which provides: …for attorney's fees and costs under section 83.49(3)(c). However, as emphasized by the Supreme Court

Nardi v. Continental Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-03T00:53:00-07:00

Citation: 559 So. 2d 307

Snippet: been entitled to under the leases. See generally § 83.49, Fla. Stat. (1987). It was a matter of the landlords…an agent, Geovest, to hold the funds. See id. § 83.49(1). The landlords' interest in the security

Cochran v. State

Court: Fla. | Date Filed: 1989-07-27T00:53:00-07:00

Citation: 547 So. 2d 928

Snippet: Carolina, 428 U.S. 280, 286-87, 96 S.Ct. 2978, 2982-83, 49 L.Ed.2d 944 (1976). Finally, we agree with the

Casavan v. LAND O'LAKES REALTY, INC., OF LEESBURG

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-22T23:53:00-08:00

Citation: 542 So. 2d 371

Snippet: is terminated, the landlord shall comply with s. 83.49(3) (emphasis added). [6] The pleadings state:

Martinez v. Florida Legislature

Court: Fla. | Date Filed: 1989-03-22T23:53:00-08:00

Citation: 542 So. 2d 358

Snippet: quot; Ch. 79-190, §§ 1, 10, 14, Laws of Fla. Ch. 83-49, § 14, Laws of Fla., amended § 216.181(1), in part

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-09-28T00:53:00-07:00

Snippet: Florida. 24 See, s. 14, Ch. 71-354, and s. 18, Ch. 83-49, Laws of Florida. 25 See, s. 8, Art. III, State

Durene v. Alcime

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-23T23:53:00-08:00

Citation: 448 So. 2d 1208

Snippet: failing to comply with the requirements of section 83.49(3)(a), Florida Statutes (1981),[1] was entered dismissing…finding that the notice requirements of section 83.49(3)(a) pertained only to claims for damages made … comply with the notice requirements of section 83.49(3)(a) bars forever all claims for damages or only…calendar so that it is heard quickly. See section 83.49(3)(c). At that point, all the trial court has to…for attorneys' fees and costs under section 83.49(3)(c). This is the second penalty. Once the security

Platel v. McClanahan

Court: Fla. Dist. Ct. App. | Date Filed: 1984-01-12T00:00:00-08:00

Citation: 443 So. 2d 470, 1984 Fla. App. LEXIS 11318

Snippet: Jr., SHARP and COWART, JJ., concur. No. 83-49 District Court of Appeal of Florida fladistctapp

Segarra v. Florida Insurance Guaranty Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-21T00:00:00-07:00

Citation: 447 So. 2d 260, 1983 Fla. App. LEXIS 26420

Snippet: and RYDER and CAMPBELL, JJ., concur. No. 83-49 District Court of Appeal of Florida fladistctapp