Deposits and notice: the deadlines Florida actually sets

Almost everything that goes wrong between a Florida landlord and a Florida tenant is a missed deadline, and almost every one of those deadlines is a specific number of days written into Chapter 83. The counts are short, several of them are counted in a way people get wrong, and at least one of them destroys the landlord's claim entirely if it is missed. This page is the deadlines, each with the section it comes from.

Published September 9, 2026

Chapter 83, Part II is the Florida Residential Landlord and Tenant Act, and it governs your lease whatever the lease says. In a Miami condominium it sits on top of the association's own rules, which are a separate matter — the association decides whether you move in; this decides what happens between you and the owner once you have.

1. The security deposit, and the deadline that ends a landlord's claim

Fla. Stat. 83.49(3)

No claim against it: The landlord must return the deposit within 15 days after the rental agreement terminates, with interest where required
Claiming against it: Written notice of intention to impose a claim within 30 days after termination, by certified mail to the tenant's last known mailing address or by e-mail
Tenant's objection: 15 days after receiving that notice, in writing
If the landlord misses the 30 days: They forfeit the right to impose a claim on the deposit

That last line is the one worth knowing. The statute provides that a landlord who fails to give the required written notice within the 30-day period forfeits the right to impose a claim upon the security deposit and may not seek a setoff against it — though they may return the deposit and then sue for damages separately. The deposit stops being the mechanism.

The notice is also not free-form. Section 83.49(3)(a) prescribes substantially this wording:

"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 after the time you receive this notice…"

Both sides should note the same thing here. A landlord who lets thirty days pass has lost the deposit as a remedy regardless of how well founded the claim was. A tenant who receives the notice and does not object within fifteen days has not lost the argument, but has given up the easiest way to make it. The dates run from termination and from receipt, so keep the envelope, the e-mail header and the move-out date.

2. Ending a tenancy with no fixed term

Where there is no set duration, section 83.57 sets the notice, and it must be given before the end of the relevant period rather than at any point during it:

Fla. Stat. 83.57 — notice to terminate

Year to year: Not less than 60 days before the end of any annual period
Quarter to quarter: Not less than 30 days before the end of any quarterly period
Month to month: Not less than 30 days before the end of any monthly period
Week to week: Not less than 7 days before the end of any weekly period

The timing point does real work. Thirty days' notice on a month-to-month tenancy is not thirty days from today — it is thirty days before the end of a monthly period. Give it too late in the month and it takes effect at the end of the following one.

3. Ending it for cause

Section 83.56 sets three different notices, and which one applies depends on what happened.

Nonpayment of rent — 3 days. The notice demands payment within 3 days excluding Saturday, Sunday and legal holidays from the date of delivery. That exclusion is the most commonly miscounted number in Florida landlord-tenant practice, and a notice counted the wrong way is a defective notice.
A curable lease violation — 7 days to remedy. The notice demands the noncompliance be remedied within 7 days of receipt or the lease is deemed terminated.
A serious or repeated violation — 7 days to vacate. Here the lease is terminated and the tenant has 7 days from delivery to leave. There is no opportunity to cure.

It runs in the other direction too. Where a landlord fails to maintain the premises, section 83.56(1) has the tenant deliver written notice specifying the noncompliance and stating an intention to terminate, and the landlord then has 7 days after delivery to cure.

A defective notice is not a technicality, it is the case. These notices have prescribed content and prescribed counting. Serving the wrong one, or counting three days including a weekend, is how an eviction is dismissed and started again a month later — and it is equally how a tenant loses a defense they had. Neither side should draft one from a template found online without checking it against the section.

4. Where the association fits, and where it does not

None of the above is the association's business. Chapter 83 governs the relationship between the owner and the tenant. The association governs whether the lease may exist at all — the minimum term, how many leases a year the declaration permits, the approval and the screening. Those are recorded in the declaration and enforced by the board, and they are a different set of deadlines entirely.

The association as the other landlord — approval, screening and the second deposit
Renting a Miami condo — the sequence, from minimum term to move-in
Whose insurance covers what — and why neither the association's policy nor the owner's covers a tenant's belongings
If you are the owner — who may lawfully let and manage the unit for you, and who may hold the rent

What this page does not do

It does not cover the eviction process itself, which is a court proceeding with its own rules, and it does not tell you whether a particular claim against a deposit is justified — that turns on the condition of the unit, the lease, and evidence. It also does not cover commercial tenancies, which are Part I of the chapter rather than Part II. Where a deadline has already been missed or a notice has already been served, that is a moment for a Florida attorney rather than a website.

How long does a Florida landlord have to return a security deposit?

Fifteen days after the rental agreement terminates, if no claim is being made against it, under Fla. Stat. 83.49(3)(a). If the landlord intends to claim against the deposit, they instead have 30 days after termination to give written notice of that intention.

What happens if the landlord misses the 30-day deadline?

They forfeit the right to impose a claim on the deposit. The statute provides that a landlord who fails to give the required written notice within the 30-day period may not seek a setoff against the deposit, though they may return it and then file an action for damages separately.

How long does a tenant have to object to a deposit claim?

Fifteen days after receiving the landlord's notice, in writing, under Fla. Stat. 83.49(3)(b). The prescribed wording of the landlord's notice must itself state this.

How much notice is required to end a month-to-month tenancy in Florida?

Not less than 30 days before the end of a monthly period, under Fla. Stat. 83.57. The timing matters as much as the count: it is 30 days before the end of a period, not 30 days from the day you give it, so notice given too late in the month takes effect at the end of the following month. Year to year is 60 days, quarter to quarter is 30, and week to week is 7.

Does the Florida 3-day notice include weekends?

No. Fla. Stat. 83.56(3) requires payment within 3 days excluding Saturday, Sunday and legal holidays from the date of delivery. Counting those days in is the most common error in the whole chapter, and a notice counted incorrectly is defective.

What can a tenant do if the landlord will not make repairs?

Under Fla. Stat. 83.56(1) the tenant delivers written notice specifying the noncompliance and stating an intention to terminate the rental agreement, and the landlord then has 7 days after delivery to cure the failure. The notice requirement is not optional, and acting without it undermines the position rather than strengthening it.

If you are looking at a specific building rather than a specific dispute. The association's rules decide the term, the approval and the cost of applying, and they are recorded before you ever see a listing. Send the address and Stefania will come back with the recorded minimum lease term, how many leases a year the declaration allows, and what the approval actually involves — before you pay an application fee.

Sources

Every figure on this page traces to one of these. Where a rule changed, the date it changed is stated.

Fla. Stat. 83.49 — Deposit money or advance rent; duty of landlord and tenantThe Florida Senateretrieved September 9, 2026
Fla. Stat. 83.56 — Termination of rental agreementThe Florida Senateretrieved September 9, 2026
Fla. Stat. 83.57 — Termination of tenancy without specific termThe Florida Senateretrieved September 9, 2026

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