States/Florida/Fee Instead of Deposit
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Florida renter guide

Florida Fee in Lieu of Security Deposit

Florida § 83.491 lets a landlord offer a fee in lieu of a security deposit, but the fee is not itself a security deposit and does not erase the tenant’s underlying obligations for rent, fees or qualifying damages.

Last reviewed: August 30, 20261 official source cited
Is the fee a deposit?No

The statute expressly says a qualifying fee collected in lieu of a deposit is not a security deposit.

Post-tenancy cost notice30 days

The landlord must notify the tenant within 30 days after the tenancy concludes of covered costs or fees due.

Before insurer claimAt least 15 days

The landlord generally must wait at least 15 days after giving the tenant the required notice.

The choice must be documented

The statute requires a written agreement with specified disclosures when a tenant elects the fee option. The tenant must also be told that the fee does not limit the tenant’s obligations under the rental agreement.

What to check after move-out

  • The signed fee-in-lieu agreement.
  • The notice of unpaid rent, fees or repair costs sent after tenancy.
  • The itemized amounts and supporting damage/repair documentation.
  • Any written objection you made.
  • Whether an insurer is seeking reimbursement from you.
Check the exact facts. This guide summarizes the cited statewide Florida statutes. The rental agreement, delivery method, dates and other housing rules can affect a specific dispute.

Official sources

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