FL · Researched October 7, 2026
Florida's Residential Landlord and Tenant Act (Chapter 83, Part II) is landlord friendly and, since July 1, 2023, preempts nearly all local landlord-tenant rules. There is no cap on deposits or late fees, but deposit handling and the 30-day claim notice are strict and missing them forfeits your claim. Evictions move fast: a 3-day notice, 5 business days to respond, and a 24-hour writ.
Renting or leasing property for others for compensation is a real estate service that requires a Florida license under Chapter 475. Sales associates must work under a registered broker.
Owners leasing their own property, salaried employees of an owner (or of a broker for an owner) working in an apartment community's onsite rental office in a leasing role, and salaried condominium or cooperative managers handling rentals of one year or less. The employee exemptions do not cover pay per transaction.
Brokers must place money held for others in an escrow (trust) account, generally by the end of the third business day after receipt, and reconcile monthly. Tenant deposits must also follow § 83.49.
Landlords may also offer a monthly fee in lieu of a security deposit, but the tenant must be able to switch to a regular deposit at any time, and if you offer it to one new tenant you must offer it to all new tenants at that property.
The claim notice must use the statutory wording and state the reason. The tenant has 15 days after receiving it to object in writing; if they do not, you may deduct and must return the rest within 30 days of the notice. Missing the 30-day notice forfeits your right to claim against the deposit.
Interest-bearing accounts must pay the tenant at least 75% of the annualized average rate or 5% simple interest per year; a surety bond requires 5% interest. Within 30 days of receiving the deposit, give written notice of where and how it is held, using the statutory disclosure.
Chapter 83 does not set a late fee amount or grace period. Keep fees reasonable; courts can refuse to enforce a fee that works as a penalty.
Chapter 83 does not limit application or screening fees, and the 2023 preemption law bars local governments from regulating screening and fees.
Rent cannot rise during a fixed-term lease unless the lease allows it. For month-to-month tenancies, give at least 30 days' notice before the end of a monthly period, the same notice needed to end the tenancy.
State law bars any city, county, or local entity from imposing controls on rents. Inclusionary housing ordinances are still allowed.
Use the statutory form and state the exact rent owed and the address including county. If you accept partial rent after the notice, give a receipt with the new balance and due date, deposit the partial rent in the court registry, or serve a new 3-day notice.
Curable examples include unauthorized pets, guests, or vehicles. No cure is required for intentional property destruction, continued disturbance after notice, or a repeat of the same violation within 12 months. Starting October 1, 2026, someone who got possession through fraud (false statements, forged documents, impersonation) is treated as a noncurable violation.
Week-to-week needs 7 days, quarter-to-quarter 30 days, and year-to-year 60 days, each before the end of the period.
After the notice expires, file in county court. The tenant must pay the rent into the court registry or move to determine rent within 5 days (excluding weekends and holidays) after service, or the landlord can get a default judgment. The clerk then issues a writ, and the sheriff executes it after posting 24 hours' notice.
If the lease has the required conspicuous clause, you are not liable for storing or disposing of property after surrender, abandonment, the last tenant's death, or eviction. At a writ, property may be removed to the property line and neither the sheriff nor landlord is liable afterward. Self-help such as lockouts or utility shutoffs costs 3 months' rent or actual damages, whichever is greater.
The tenant may not unreasonably withhold consent for inspections, repairs, or showings. You may enter without notice in an emergency, during the tenant's extended absence, or if the tenant consents.
For single-family homes and duplexes, these extra duties can be changed in writing, but working smoke detectors are required at move-in. A tenant may withhold rent after giving 7 days' written notice of a material failure, but must deposit rent into the court registry to raise that defense in an eviction.
Give the landlord or agent's name and address at or before move-in (§ 83.50). Give the deposit disclosure within 30 days (§ 83.49). Include the radon gas notice (§ 404.056(5)). Since October 1, 2025, leases of one year or more need a separate flood disclosure covering known flooding, flood insurance claims, and federal flood assistance (§ 83.512); a tenant can end the lease if you misstate it and they suffer substantial loss. Federal lead disclosure applies to pre-1978 units.
Florida law adds no source of income protection statewide. Some counties and cities have their own human rights ordinances, so check local rules before setting screening criteria.
The state took over regulation of residential tenancies, voiding most local landlord-tenant ordinances, and the notice to end a month-to-month tenancy rose from 15 to 30 days.
Landlords may offer a nonrefundable fee instead of a deposit, paid monthly or on an agreed schedule, with a signed agreement, required disclosures, and the tenant's right to switch to a deposit at any time. If offered, it must be offered to all new tenants at the property.
Landlords and tenants who sign an email notice addendum in the statutory form can send statutory notices, including the deposit claim notice, by email. Either side can revoke or change the email address in writing.
Landlords must give a separate flood history disclosure at or before signing a lease of one year or more. A tenant who suffers substantial flood loss after a false or missing disclosure can end the lease within 30 days.
A person who got possession through false statements, forged documents, or impersonation can be removed on a 7-day notice with no right to cure. Fraudulent entry is also now a third-degree felony.
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Compare with other states: security deposit limit, deposit return deadline, deposit interest and holding rules, late fees, application and screening fees, rent increase notice, rent control, notice for unpaid rent, notice for lease violations, ending a month-to-month, eviction timeline, abandoned property, landlord entry, repairs and habitability, required disclosures, state fair housing protections.