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 Department of Agriculture. 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.
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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 result in statutory penalties (often double or triple the deposit amount plus attorney fees). 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.
