Fee in lieu of security deposit
Primary state source for optional fees offered instead of a security deposit and required disclosures.
Florida / Fee in lieu of deposit
Florida fee in lieu of a security deposit: the 30-day notice rule
Under a qualifying Florida fee-in-lieu arrangement the landlord must give written notice of costs or fees due within 30 days after the tenancy concludes, and must then wait at least 15 days after that notice before submitting a claim to an insurer. This is a different track from a refundable security deposit, and it applies only to covered rental agreements entered into or renewed on or after July 1, 2023, so the choice, disclosures, payment history, termination path, and later notices should be documented separately.
Understand the branch
First identify which arrangement you accepted.
- 01
Find the written offer and choice
The statute describes an option to pay a fee instead of a security deposit and requires written notice that the tenant may pay a security deposit instead. Preserve what was offered, selected, signed, and renewed.
- 02
Treat the fee as nonrefundable
A fee in lieu is generally nonrefundable and does not erase the tenant's duties for rent, repairs, or other lease obligations. Do not add it to a refundable-deposit total without first confirming what the agreement says.
- 03
Check the termination option
The statute includes a tenant path to end the fee arrangement and pay a security deposit instead. Keep the termination request, the deposit calculation, proof of payment, and the date fee payments stopped.
- 04
Preserve end-of-tenancy and insurance notices
The statute requires written information after the tenancy ends and includes notice before a landlord submits a claim to an insurer. These notices are distinct from the security-deposit claim process in Fla. Stat. § 83.49.
Evidence checklist
Keep fee and deposit records in separate columns.
- Original lease, renewal, and fee-in-lieu addendum
- Written notice of the option to pay a security deposit
- Required disclosures about refundability and continuing obligations
- Each recurring fee payment and the period it covered
- Any request to terminate the fee arrangement
- Security-deposit calculation and proof of replacement payment
- End-of-tenancy itemization or written cost notice
- Notice connected to any claim submitted to an insurer
Primary authority
Check the official source.
Open official source
Coverage: Florida's statewide fee-in-lieu framework in Fla. Stat. § 83.491. This guide does not decide whether a particular product or agreement is covered, calculate a replacement deposit, interpret an insurance policy, or determine the validity of claimed charges.
Next step
Work out your deadline and build your deposit file.
Start by settling which payment you actually made. The workspace asks whether you paid a refundable deposit or a fee in lieu, routes a fee-in-lieu matter away from the deposit-return dates instead of showing you a deadline that does not apply, and — if it was a deposit after all — counts the 15-day and 30-day windows only when confirmed actual termination and possession-return dates agree and builds your evidence file.
The workspace runs in your browser on this device. Your entries stay in tab memory and are lost on refresh or close, they are never sent to a server, and only facts you check are allowed to produce a date.
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Related security-deposit guides.
Deposit claim notice and objection
Follow the separate notice sequence when the payment was a refundable security deposit.
Open guideFlorida security-deposit overview
Compare the payment type, tenancy dates, notices, and evidence in one record.
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