Florida sets no cap on security deposits, so Miami landlords can ask one month, two months, or more — and most ask one to two months' rent for standard units, with first month plus last month plus deposit being the common move-in package as of 2025 rental listings. What the law does set strictly is the clock after move-out: per Florida Statutes ch. 83 as of 2025, your landlord has 15 days to return the deposit or 30 days to send a certified-mail notice of intended deductions, and you have 15 days after that notice to object in writing.
Miami In News publishes information, not legal advice. This guide explains the statutory framework and common Miami fee practices so you can spot what is standard, what is negotiable, and what a lawyer should see.
How much can a Miami landlord charge for a deposit?
As much as the market bears. Florida imposes no statutory maximum on security deposits under state law as of 2025, and Miami's rental market produces the range you would expect: one month for most standard apartments, two months where credit or move-in history is thin, and premium buildings sometimes offering lower-deposit options through third-party programs instead of cash. Per the lease structures visible in Miami-Dade listings as of 2025, a conventional ask on a $2,800 unit is first month ($2,800) plus security deposit ($2,800) — $5,600 before any fees — with last month occasionally added for applicants with weaker files.
What fees are legal at move-in?
Most of them, because Florida regulates fewer fee types than renters expect. The categories you will actually meet in Miami:
- Application fee: legal; per Miami listing norms as of 2025, commonly $50 to $150 per adult for screening, usually non-refundable once processing starts.
- Administrative or lease-prep fees: legal if disclosed in the lease; $100 to $300 is common in professionally managed buildings.
- Amenity or move-in fees: legal; newer towers charge flat move-in or elevator-reservation fees, and some charge monthly amenity fees on top of rent.
- Advance rent: legal, and Florida law treats it specifically — per Statutes ch. 83 as of 2025, advance rent is not your deposit, has different rules, and is generally owed even if you later leave early unless the lease says otherwise.
- Junk/nuisance or convenience fees: where a fee is really disguised rent, Miami-Dade has no rent-control ordinance to limit it; the lease text controls.
The rule that does bind everyone: if a fee is not in the written lease, do not pay it, and if it is in the lease, read it before signing, not at the key handover.
Does my deposit earn interest in Florida?
Not automatically. Per Florida Statutes ch. 83.49 as of 2025, if the landlord holds more than $50 in deposits and commingles them with personal funds, the law presumes quarterly interest payments of 5 percent or 75 percent of the average annual interest rate, whichever is lower — but the landlord can instead hold deposits in a separate non-interest-bearing account, in which case nothing accrues to you. Ask which arrangement your building uses; professionally managed Miami towers typically use the separate-account option.
Related stories: Pre-construction contracts in Miami: what to read before the deposit · Renters insurance in Miami: what it costs and what it covers.
How do I get my deposit back after move-out?
Move out clean, document everything, and watch the statutory calendar. The sequence Florida law prescribes as of 2025:
- Give proper written notice per your lease's nonrenewal terms — typically at least 30 days for month-to-month tenancies, more for longer terms.
- Photograph every room at handover, ideally matching your move-in photos taken the day you got keys.
- Return keys promptly. Holding keys past the tenancy can expose you to per-day rent claims.
- Provide a forwarding address in writing — the landlord's notice deadline runs from your move-out, but your address makes the return possible.
- Count the days. No deductions notice within 30 days means the landlord forfeited the right to keep any of the deposit; it should be returned in full.
- If you receive a deductions notice and disagree, you have 15 days to object in writing by certified mail; the landlord then has 30 days to sue or the disputed amount must be returned.
What deductions are legitimate — and which are not?
Legitimate: unpaid rent, damage beyond ordinary wear and tear, lease-breach costs the lease assigns. Not legitimate: repainting a wall that is merely faded, replacing a carpet that was simply aged, charging for ordinary wear. Per the standards Florida courts apply to landlord-tenant disputes as of 2025, ordinary wear and tear is the dividing line, and the burden falls on the landlord to document damage with the deposit at stake. A landlord who keeps the deposit without following the notice procedure can face statutory consequences — including, in some cases, exposure to the tenant's attorney fees, per the same statutes.
Is any of this different in Miami-Dade specifically?
Miami-Dade has no rent-control ordinance, and Miami Beach and the City of Miami follow the same state landlord-tenant statute as the rest of Florida, per the statutory framework as of 2025. What differs locally is practice: building-managed high-rises tend to follow the notice calendar precisely because their processes are audited, while small independent landlords are the more common source of deposit disputes. Wherever you rent, the protections are statutory — they do not depend on the landlord's goodwill, only on you invoking them in writing.
Statutory references reflect Florida law as of 2025. Nothing here is legal advice; for a live deposit dispute, Florida Legal Services or a Miami-Dade tenant-rights clinic can review your specific facts.
Frequently asked questions
Is there a limit on security deposits in Florida?
No state cap exists as of 2025, per Florida Statutes ch. 83. Miami landlords commonly ask one month's deposit, more where credit warrants. The legal limits apply to the return process, not the amount.
How long does a Florida landlord have to return the deposit?
15 days to return it in full, or 30 days to send a certified-mail notice of intended deductions, per Florida law as of 2025. Miss the 30-day notice and the right to deduct is forfeited.
What is the difference between advance rent and a deposit?
Advance rent is rent paid for a future period and is generally owed even if you leave early; a deposit is security for damages and is governed by the return procedure. Florida law treats them differently, per Statutes ch. 83 as of 2025.
Can my landlord keep the deposit for repainting?
Only if the wall's condition exceeds ordinary wear and tear and the landlord documents it in a timely deductions notice. Faded paint after a normal tenancy is the classic example of an improper deduction.