Free Florida Security Deposit Disclosure
Florida security deposit disclosure under FS §83.49(2). Required within 30 days of deposit receipt. Discloses how the deposit is held (separate account, commingled+bond, etc.) and bank details where applicable.
Free Florida Security Deposit Disclosure — overview
A Florida Security Deposit Disclosure is the initial disclosure required under Florida Statute §83.49(2). Within 30 days of receiving the security deposit, the landlord must disclose how the deposit is being held: separate non-interest account, separate interest-bearing account, or commingled with surety bond.
Complete the Security Deposit Disclosure
Complete the form below to generate a Florida Security Deposit Disclosure. Disclose within 30 days of receipt of the deposit. May be included in the lease itself. Be specific on bank name and address for separate-account holdings.
⚠ Security deposit handling is one of the most-litigated areas of landlord-tenant law
Courts strictly enforce statutory itemization, timing, and notice requirements. Florida FS §83.49 governs both initial disclosure (§83.49(2)) and disposition (§83.49(3)). Failure to comply with §83.49 can affect the landlord’s ability to claim against the deposit. Document every charge with photos, receipts, and inspection records. Consult a Florida attorney for high-value disputes.
1. Parties
2. Rental Property & Lease
3. Security Deposit Held
4. Interest Rate & Disclosure
Florida Statute §83.49(2) requires the landlord to disclose to the tenant within 30 days of receipt the manner in which the security deposit is being held (separate non-interest account, separate interest-bearing account, commingled with surety bond, etc.). For separate accounts, the name and address of the financial institution must be provided.
5. Landlord / Agent Signature
About the Florida Security Deposit Disclosure
Florida Statute §83.49(2) sets out the landlord’s initial disclosure obligation for security deposits. Within 30 days of receipt, the landlord must inform the tenant of the manner in which the deposit is held: (a) in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant, (b) in a separate interest-bearing account in a Florida banking institution paying interest of at least 75% of the average annual rate or 5% per year simple interest, or (c) commingled with other funds and a surety bond posted with the clerk of the circuit court in the county where the unit is located. For separate-account holdings, the name and address of the depository must be disclosed. The disclosure may be included in the lease itself. This initial disclosure is separate from the §83.49(3) post-vacate procedures.
Florida Security Deposit Framework
- Statute: Florida Statute §83.49(2) (initial disclosure)
- Deadline: 30 days from receipt of deposit
- Three acceptable holding methods: separate non-interest, separate interest, commingled+bond
- Required disclosure: holding method + financial institution details for separate accounts
- May be included in the lease itself
- Separate from §83.49(3) post-vacate procedures
Penalties for Improper Handling
Florida’s security deposit statute (FS §83.49) is enforced strictly. While the §83.49(2) initial disclosure does not have an explicit statutory penalty for failure to disclose, failure to comply can affect the landlord’s later ability to claim against the deposit. Courts may consider non-compliance as evidence of bad faith or as a defense to the landlord’s deposit claim. Best practice: include the disclosure in the lease itself (which automatically satisfies the 30-day deadline) and be specific on bank name and address for separate-account holdings. Keep a signed copy of the lease and any subsequent disclosure for your records.
Best Practices
- Document with photos. Move-in and move-out photos are powerful evidence in any deposit dispute.
- Keep receipts. Charges must be supported by actual costs – retain invoices, contractor estimates, and receipts.
- Distinguish wear-and-tear from damage. Normal wear-and-tear is NOT chargeable in any state. Faded paint, minor carpet wear, and small nail holes are typically not chargeable.
- Time everything precisely. Most states have strict statutory deadlines from move-out for itemization and return. Missing the deadline can forfeit ALL deduction rights.
- Send by trackable method. Certified mail with return receipt is the gold standard – establishes both delivery and receipt date.
Related Resources
- Florida security deposit laws
- Florida habitability laws
- Florida landlord tenant laws
- Florida eviction notice laws
- Florida late fee laws
- Security deposit laws by state
Frequently Asked Questions
How is this different from the notice of intent to impose a claim?
They are different documents at opposite ends of the tenancy. This § 83.49(2) disclosure is a start-of-tenancy notice: it goes in the lease agreement or within 30 days after you receive the advance rent or security deposit, and it tells the tenant where the money is being held and whether interest is owed. The § 83.49(3)(a) notice of intent to impose a claim is an end-of-tenancy notice: within 30 days after termination of the rental agreement, it tells the tenant you intend to keep part of the deposit and why. Neither substitutes for the other, and being late on one does not excuse skipping the other.
Do I have to send this if I only own a couple of rentals?
Probably not, and the statute says so in plain words. § 83.49(2) ends with the sentence: this subsection does not apply to any landlord who rents fewer than five individual dwelling units. Count dwelling units, not properties, tenants, or leases. The exemption is narrow — it lifts the disclosure duty in subsection (2) only. You still have to hold the money one of the three ways § 83.49(1) allows, still owe any interest that election carries, and still owe the full end-of-tenancy procedure in § 83.49(3). Many small landlords include the disclosure anyway, because the same paragraph already sits in most Florida lease forms.
Does the disclosure have to contain specific wording?
Yes, and this is what most home-made disclosures get wrong. § 83.49(2) requires four things. The notice must be given in person or delivered by mail or e-mail in accordance with § 83.505. It must state the name and address of the depository where the advance rent or deposit is held, or state that the landlord has posted a surety bond as provided by law. It must state whether the tenant is entitled to interest on the deposit. And under § 83.49(2)(d) it must contain the all-caps disclosure the statute sets out verbatim, covering the forwarding address, the 30-day claim notice, and the 15-day objection window. Reproduce (2)(d) as written.
Where does the surety bond actually get posted?
With the clerk of the circuit court in the county in which the dwelling unit is located, under § 83.49(1)(c) — not with a state agriculture or consumer agency. The bond runs to the Governor for the benefit of any tenant injured by a violation of the section, and its amount is the total of the security deposits and advance rent held, or $50,000, whichever is less. A landlord renting dwelling units in five or more counties may instead post a single bond with the office of the Secretary of State, in the total held or $250,000, whichever is less. Either route also obliges you to pay the tenant 5 percent per year simple interest.
Do I owe the tenant interest on the security deposit?
Only if you chose an option that carries it. § 83.49(1) offers three. A separate non-interest-bearing account in a Florida financial institution owes no interest. A separate interest-bearing account means the tenant receives at least 75 percent of the annualized average interest rate payable on the account, or interest at 5 percent per year simple interest, whichever the landlord elects. A surety bond under § 83.49(1)(c) carries 5 percent per year simple interest. Where interest is due, § 83.49(9) requires you to pay it directly to the tenant, or credit it against the current month’s rent, at least once annually. Whichever you pick, this disclosure has to say so.
What if I move the deposit to a different bank later?
That is a fresh notice. § 83.49(2) provides that after the original written notice, if the landlord changes the manner or location in which the advance rent or security deposit is held, the tenant must be notified within 30 days after the change, in the same way and with the same contents required by paragraphs (a) through (d). The statute carves out changes you did not make: no new notice is required solely because the depository has merged with another financial institution, changed its name, or transferred ownership to a different institution. Moving from a non-interest account to an interest-bearing one, or to a bond, is a change you made.
What is the penalty if I never give this disclosure?
§ 83.49(2) prescribes no damages figure, no multiple of the deposit, and no forfeiture. The forfeiture language in § 83.49 attaches to the 30-day claim notice in subsection (3)(a), not to this disclosure. Subsection (2) even adds one line in the landlord’s favour: failure to give this notice is not a defense to the payment of rent when due. Exposure is indirect. § 83.49(8) provides that any person licensed under § 509.241 — the public lodging establishment licence — who fails to comply is subject to a fine or to suspension or revocation of that licence by the Division of Hotels and Restaurants. Most ordinary residential landlords are not in that class. And a judge weighing a contested deposit claim tends to notice which party followed the procedure.
My tenant pays a monthly fee instead of a deposit. Does this disclosure apply?
No — a fee in lieu of a security deposit has its own section, § 83.491, and it is not money you hold, so the § 83.49(2) holding disclosure has nothing to disclose. § 83.491 imposes its own written notices instead. If you offer the option, § 83.491(3) requires telling the tenant in writing that they may pay a security deposit instead of the fee at any time. If the tenant takes the fee, § 83.491(2)(a) requires you to notify them within 30 days after the conclusion of the tenancy of any costs or fees due for unpaid rent, fees, or damage beyond normal wear and tear. Different section, different deadlines.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. Security deposit handling is procedurally strict; improper itemization, timing, or notice can forfeit the right to impose a claim on the deposit under Fla. Stat. §83.49(3)(a). For Florida guidance, visit FL Department of Business and Professional Regulation and review Florida Statute §83.49. Consult a qualified Florida attorney for high-value disputes.
