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Palm Beach Gardens Security Deposit Laws Explained: Florida's 15-Day and 30-Day Rules for Landlords

Palm Beach Gardens Security Deposit Laws Explained: Florida's 15-Day and 30-Day Rules for Landlords

Owner Guide · Security Deposits · Palm Beach Gardens, FL

Quick Answer

Palm Beach Gardens has no city security deposit ordinance; Florida Statute §83.49 governs. Florida sets no maximum deposit. The landlord must hold it in a separate Florida bank account or post a surety bond, disclose how it is held in the lease or within 30 days, and, after the lease ends, return it within 15 days or send a written claim within 30 days by certified mail or agreed email. A late claim notice forfeits the right to deduct.

By Jean Taveras, Broker-Owner, Atlis Property Management · Updated October 2026

15 days Return if no claim, §83.49(3)(a)30 days Deadline for a written claim15 days Tenant's window to object$3,900 PBG median asking rent, fall 20268 Atlis written owner guarantees
JT
Jean Taveras — Broker-Owner, Atlis Property Management
FL Broker License CQ1071712 · 3801 PGA Blvd., Ste. 600, Palm Beach Gardens, FL 33410

Security deposits cause more landlord-tenant friction than almost anything else, and the cause is rarely the money itself. Most disputes come from a missed deadline, a vague claim letter, or a move-in condition nobody documented. Florida's statute is short and specific, and an owner who improvises can forfeit a claim that was otherwise valid.

This guide walks a Palm Beach Gardens owner through the full life of a deposit: how much to collect, where to hold it, what to disclose, how association deposits and fees fit in, the exact move-out timeline, and what happens when a home is sold or changes managers. It is general information, not legal advice. For local management details, see our Palm Beach Gardens property management page.

1. There Is No Palm Beach Gardens Deposit Ordinance: Florida §83.49 Governs

Neither the City of Palm Beach Gardens nor Palm Beach County adds its own deposit rules. Florida Statute §83.425 reserves the regulation of residential tenancies, the landlord-tenant relationship, and related matters to the state, so the deposit rules in a PGA Boulevard condo are the same as those in a single-family home anywhere else in Florida. The controlling text is §83.49, and it applies to money deposited as security for performance of the lease and to advance rent for any period other than the next immediate rental period.

How much to collect

Chapter 83 does not cap the amount of a security deposit. That freedom is useful, but it is not a license to guess. The deposit should match the real exposure: the rent level, whether the home is furnished, whether pets are allowed, and the cost of finishes in the home. As of October 7, 2026, PBP Real Estate reported 232 Palm Beach Gardens homes and condos listed for lease at a median asking rent of $3,900 a month, with 2-bedroom rentals at $3,000 and 3-bedroom rentals at $4,995. Furnished units asked 76% more than similar unfurnished units, and 49% of listings were furnished, which is why furnished homes often carry larger deposits.

A deposit far above the market norm shrinks your applicant pool, and the median Palm Beach Gardens rental had already been listed 42 days. Apply one written deposit policy to every applicant. Our tenant screening standards tie the deposit to written criteria rather than to a judgment call at the showing.

2. How the Deposit Must Be Held: Three Options Under §83.49(1)

The statute gives the landlord, or the landlord's agent, three ways to hold deposit money and advance rent. Whichever you choose, the money is not the owner's money until it is actually due. It cannot be mixed with other funds, pledged, or used.

OptionWhat the statute requiresInterest owed to tenant
Separate non-interest-bearing accountHeld in a Florida financial institution for the tenant's benefit; no comminglingNone
Separate interest-bearing accountHeld in a Florida financial institution for the tenant's benefit; no comminglingAt least 75% of the annualized average rate, or 5% simple, as the landlord elects
Surety bondFiled with the clerk of the circuit court for the lesser of total deposits held or $50,0005% per year, simple interest

Most owners and brokers use a separate non-interest-bearing account because it is simple and creates no interest obligation. When interest is owed, §83.49(9) requires it to be paid or credited against rent at least once a year. For licensed brokers, §83.49(3)(d) provides that complying with §83.49 satisfies the other Florida statutes on lease deposits.

3. The 30-Day Disclosure Notice at Move-In

Under §83.49(2), the landlord must give the tenant written notice about the deposit, either in the lease itself or within 30 days after receiving the money. It goes in person, by mail, or by email under §83.505, and must state the name and address of the depository holding the funds, or that a surety bond has been posted; state whether the tenant is entitled to interest; and contain the statutory disclosure explaining the move-out claim process.

  • If you move the money, you must notify the tenant within 30 days after the change.
  • Small landlords. The statute says this subsection does not apply to a landlord who rents fewer than five individual dwelling units. We give it anyway; it costs nothing.
  • Not a rent defense. A missing notice does not excuse unpaid rent.

A well-drafted Florida lease builds the disclosure in, so it is never forgotten. Our article on why a compliant Florida lease matters covers what else belongs in it, and our guide to the Florida email notice rule explains the addendum that makes email delivery valid.

4. Association Deposits, Fees in Lieu, and Other Move-In Money

Palm Beach Gardens has a large share of homes inside condominium and homeowners' associations, and the association often collects money of its own before a tenant can move in. That money is separate from the landlord's deposit. For condominiums, §718.112(2)(k) limits the application fee to $150 per applicant, adjusted for inflation, bars a fee for the same tenant's renewal, and allows an association deposit of up to one month's rent, held in the association's escrow against common-area damage, where the declaration, articles, or bylaws authorize it. Our guide to HOA rules that affect Palm Beach Gardens rentals covers approvals and lease restrictions.

A fee in lieu of a deposit

Since 2023, §83.491 has let a landlord offer a fee in lieu of a security deposit. The landlord must tell the tenant in writing that a regular deposit remains available, whether the fee is nonrefundable, and that the fee does not reduce the tenant's responsibility for unpaid rent or damage beyond normal wear and tear. The fee agreement must be signed, and the landlord must notify the tenant of any amounts due within 30 days after the tenancy ends.

Advance rent and last month's rent

Last month's rent, or any rent beyond the next period, is advance rent held under the same rules. Under §83.49(3) it may be disbursed when the period it covers begins. Track it on its own ledger line, apart from the deposit, so it is never refunded or applied twice.

5. The Move-Out Timeline: 15 Days, 30 Days, 15 Days

The §83.49(3) deadlines run from the end of the rental agreement, so calendar them the day the lease ends.

StepDeadlineStatute
Return the full deposit when there is no claimWithin 15 days after the lease ends§83.49(3)(a)
Send written notice of intent to impose a claimWithin 30 days after the lease ends§83.49(3)(a)
Tenant may object in writingWithin 15 days after receiving the notice§83.49(3)(b)
Deduct the claim and remit the balance if no objectionWithin 30 days after the date of the notice§83.49(3)(b)

The claim notice must go by certified mail to the tenant's last known mailing address, or by email under §83.505, and it must follow the statutory form: the amount of the claim, the reason, the 15-day objection language, and the address where an objection may be sent. If the landlord misses the 30-day window, the landlord forfeits the right to impose a claim and may not set off against the deposit, but may still file an action for damages after returning the deposit.

Unless the lease says otherwise, a tenant who leaves early or is on a periodic tenancy must give at least 7 days' written notice with a forwarding address under §83.49(5). If the tenant does not, the landlord is relieved of the (3)(a) notice requirement, but the tenant keeps any right to the deposit. If either side sues over the deposit, the prevailing party recovers court costs and a reasonable attorney fee.

6. What a Claim Can Cover, and the Evidence Behind It

Claims usually cover unpaid rent, other amounts the lease makes the tenant responsible for, and repair of damage beyond normal wear and tear. Faded paint and light carpet wear are typically wear and tear; pet damage, burns, and holes in walls are typically damage. The tenant can challenge that line, so every claim needs evidence:

  • A dated move-in condition report with photos, signed by the tenant. Our Florida tenant move-in checklist shows what to capture.
  • A move-out inspection with photos taken from the same angles as move-in.
  • Vendor invoices or written estimates for each item claimed, and the ledger for any unpaid balance.

Itemize the claim line by line; a tenant who sees each charge and invoice is far less likely to object. Our companion guide to handling deposit returns and deductions walks through pricing a claim, and our article on security deposit rules in West Palm Beach covers the same statute from a different city's perspective.

7. Renewals, Sales, and Changing Managers

Under §83.49(6), a renewal is a new rental agreement, and a deposit carried forward is treated as a new deposit.

Under §83.49(7), a sale or a change of rental agent requires every deposit and advance rent to move to the new holder with interest and a per-tenant accounting; the FAQ below has the details. Buying an occupied rental or changing managers? Get the ledger, deposit amount, and move-in report in writing first.

8. Common Mistakes Palm Beach Gardens Landlords Make With Deposits

  1. Depositing the money into an operating account. Commingling is prohibited from day one, whether or not a dispute ever arises.
  2. Skipping the written disclosure. Put it in the lease so it cannot be forgotten, and update it within 30 days if the account changes.
  3. Counting from the wrong date. The 15-day and 30-day clocks run from the end of the rental agreement. Waiting for a final vendor quote is not a reason to miss them.
  4. No move-in record. Without dated photos and a signed report, the claim becomes your word against the tenant's.
  5. Losing track of advance rent. Last month's rent and the security deposit are different money, and they belong on separate ledger lines.

Most of these mistakes are process problems, not legal puzzles, which is why owners often hand deposits to a manager. Our overview of legal compliance in Palm Beach County property management places deposits alongside the other rules owners must follow.

9. How Atlis Handles Security Deposits

Atlis is broker-owner led from our office on PGA Boulevard in Palm Beach Gardens. Deposits are held in a separate escrow account, the disclosure is in every lease, the 15-day and 30-day deadlines are calendared the day a lease ends, and every claim is itemized with photos and invoices.

We are full service at 5 to 9 percent of collected rent, with a $200 monthly minimum and no markup on maintenance. See our pricing, and our eight written guarantees for the commitments we put in writing.

From Our Files

Deposit claims are won or lost at the start of a tenancy, not the end. Every takeover we accept starts with three separate property walks: a forensic walk that documents the condition of the home room by room, a systems walk, and a walk with the owner. That first dated record is what a fair move-out claim is measured against, and it is what lets us answer a tenant's objection with photos instead of memory.

Frequently Asked Questions

How much security deposit can a landlord charge in Palm Beach Gardens?

Florida's landlord-tenant law does not set a maximum security deposit, and Palm Beach Gardens has no local deposit ordinance; §83.425 reserves landlord-tenant regulation to the state. In practice, owners set the deposit by risk and market. Many charge one month's rent, and some charge more for furnished homes or pets. As of October 7, 2026, the median 2-bedroom asked $3,000 a month in Palm Beach Gardens, so a one-month deposit on that home would be $3,000. Whatever you charge, apply the same written criteria to every applicant.

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

Under §83.49(3)(a), if the landlord does not intend to claim any of the deposit, it must be returned, with interest if required, within 15 days after the rental agreement ends. If the landlord intends to make a claim, written notice must go to the tenant within 30 days, by certified mail to the last known mailing address or by email under §83.505. Missing the 30-day notice forfeits the right to claim against the deposit, although the landlord may still sue for damages after returning it.

What happens after the tenant receives the claim notice?

The tenant has 15 days after receiving the notice to object in writing. If no objection arrives, §83.49(3)(b) lets the landlord deduct the claim and requires the balance to be remitted within 30 days after the date of the notice. If the tenant objects and the parties cannot settle, either side may go to court, and the prevailing party is entitled to court costs plus a reasonable attorney fee. Dated photos and invoices settle most disputes.

Does a Florida landlord have to pay interest on a security deposit?

Only under certain holding methods. A deposit held in a separate non-interest-bearing Florida account earns the tenant nothing. If the landlord uses an interest-bearing account, the tenant receives at least 75 percent of the annualized average rate or 5 percent simple interest, whichever the landlord elects. A landlord who posts a surety bond instead must pay the tenant 5 percent simple interest. For example, 5 percent on a $3,000 deposit is $3,000 × 0.05 = $150 a year, paid or credited at least once annually.

Can a landlord offer a fee instead of a security deposit in Florida?

Yes. Section 83.491 allows a landlord to offer a fee in lieu of a security deposit, but the tenant must be told in writing that a regular deposit is still an option, that the fee is nonrefundable if that applies, and that the fee does not reduce the tenant's responsibility for unpaid rent or damage beyond normal wear and tear. The agreement must be signed, and the landlord still has to give notice of amounts due within 30 days after the tenancy ends. Have your lease reviewed before offering one.

What happens to the deposit if the property is sold or the manager changes?

Section 83.49(7) requires all security deposits and advance rents to be transferred to the new owner or agent, together with any earned interest and an accurate accounting of each tenant's balance. Once the funds and records are transferred and a written receipt is given, the prior holder is released from the duty to hold them. A new owner or agent is presumed to have received the deposit, but that presumption is limited to one month's rent. Get the accounting in writing at closing or handoff.

Deposits are simple when the account, the calendar, and the evidence are handled the same way every time. Want a second look at yours? We are glad to help.

About the Author

Jean Taveras is the Broker-Owner of Atlis Property Management (FL Brokerage CQ1071712), a boutique, broker-led residential management firm headquartered on PGA Boulevard in Palm Beach Gardens. Atlis manages single-family homes, townhomes, condos, and small multifamily across Palm Beach County and backs every account with eight written guarantees. Questions about a specific property: 561.473.3664 or info@atlispm.com.