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Florida landlord-tenant law
Checked against the Florida statutes on October 1, 2026 Statutes current through: 2026 Florida Statutes, as published on September 24, 2026; supplemental selected eviction procedure statutes and court-linked timing/summons rules reviewed October 14, 2026; wider state review not reset; selected criminal-record provisions reviewed October 15, 2026 without resetting the wider review General information, not legal advice
Jump to a topic
Florida in brief
Florida does not cap security deposits, but it controls how you hold them: return the deposit within 15 days after the rental agreement ends if you make no claim, or send a claim notice within 30 days by certified mail or qualifying email under section 83.505. Part II of chapter 83 sets no late fee cap or grace period, so any late fee comes from the written lease. For unpaid rent, deliver a 3-day notice that does not count weekends or legal holidays; for a lease violation the tenant can fix, give 7 days to cure. Give 24 hours' notice before entering for repairs, 30 days' notice before the end of a monthly period to end a month-to-month tenancy, and never lock a tenant out or cut utilities. The radon notice must appear on at least one document the tenant signs at or before signing the lease (transient stays of 45 days or less are exempt), a lease of 1 year or longer needs the flood disclosure in a separate document, and local rent control is banned statewide.
Key numbers
- Security deposit limit
- No limit
- Florida sets no maximum
- Fla. Stat. ch. 83, part IIFla. Stat. § 83.49
- Notice of a deposit claim
- 30 days
- after the rental agreement ends, by certified mail
- Fla. Stat. § 83.49(3)(a)
- Late fee grace period
- None set
- Part II sets no grace period or late fee cap
- Fla. Stat. ch. 83, part II
- Notice for unpaid rent
- 3 days
- not counting Saturdays, Sundays and legal holidays
- Fla. Stat. § 83.56(3)
- Rent increase notice
- None set
- Part II sets no notice period, and local rent control is banned
- Fla. Stat. ch. 83, part IIFla. Stat. § 125.0103(2)
- Returned payment service charge
- $25 to $40, or 5%
- by payment size, whichever is greater, plus bank fees
- Fla. Stat. § 68.065(2)
Before you sign
Application and screening fees
Not set by statutePart II sets no limit on rental application or screening fees. The state has taken over this field: local governments may not regulate the screening process or application fees.
More detail (4)
- If an applicant is a servicemember, you must finish processing the application within 7 days and tell the applicant in writing whether it is approved or denied, with the reason for a denial. Without a timely denial you must lease the unit if the other terms are met. Fla. Stat. § 83.683(1)
- If you offer a fee in lieu of a deposit, you may not use an applicant's choice to pay it when deciding the application. Fla. Stat. § 83.491(7)
- Check whether a reported arrest is covered by a sealing or expunction order before treating an omitted answer as dishonesty. Sections 943.059(6) and 943.0585(6) allow a person to deny or not acknowledge covered arrests, subject to listed exceptions for specified proceedings, employment and licensing. Ordinary rental applications are not among those listed exceptions. Resolve a disputed record through the reporting company and the relevant legal process before relying on it. Fla. Stat. 943.059(6) Fla. Stat. 943.0585(6)
- Do not assume every juvenile record disappears at age 21. Section 943.0515 generally retains records for two years after age 19, but serious or habitual juvenile offenders and those committed to a maximum-risk residential facility have a different period ending five years after age 21. Adult forcible-felony charges or adjudications and specified registration-related records can require retention and merger with an adult record. Verify the actual record status; this age rule alone does not decide whether a screening report is lawful or an applicant qualifies. Fla. Stat. 943.0515
Fair housing
The Florida Fair Housing Act makes it unlawful to refuse to rent, set different terms, or advertise a preference because of race, color, national origin, sex, disability, familial status or religion.
More detail (3)
- A private owner of no more than three single-family houses who rents without a real estate licensee and without discriminatory advertising is exempt from these sections, with conditions. Fla. Stat. § 760.29(1)(a)
- A complaint to the Florida Commission on Human Relations must be filed within 1 year after the practice. Fla. Stat. § 760.34(2)
- You may not discriminate against a servicemember in offering a unit or in lease terms. Fla. Stat. § 83.67(3)
Required disclosures
Florida requires several written disclosures: the name and address of the landlord or the person authorized to receive notices, the radon gas notice on at least one document signed at or before the lease, the flood disclosure for a term of 1 year or longer, and, if you rent five or more units, the deposit notice.
Fla. Stat. § 83.50 Fla. Stat. § 404.056(5) Fla. Stat. § 83.512(1) Fla. Stat. § 83.49(2)
More detail (6)
- The radon notice must use the statutory wording. Fla. Stat. § 404.056(5)
- If you offer a fee in lieu of a security deposit, the written agreement must carry the statutory disclosure. Fla. Stat. § 83.491(3), (4)
- E-mail delivery of notices needs a separate, voluntary, revocable addendum in the statutory form signed by both sides. Fla. Stat. § 83.505(1)
- A lease may say you are not responsible for storing or disposing of property left after surrender, abandonment or the death of the last tenant only if it carries the statutory legend in capital letters. Fla. Stat. § 83.67(5) See Abandoned property
- For an e-mail notice authorized by section 83.505, delivery occurs when the message is sent unless it comes back as undeliverable. Keep both the notice and evidence of its transmission. The signed addendum does not make a returned message successful delivery or prevent use of another legally permitted delivery method. Fla. Stat. 83.505(4)-(6)
- Either party may revoke the e-mail election or change the designated address by giving the other party written notice. The change takes effect when that written notice is delivered. Revocation does not invalidate an e-mail notice sent before it took effect; keep the current address and election with the notice records. Fla. Stat. 83.505(2), (3)
The Florida lease prints the radon notice and a security deposit notice on its first page, names the landlord and address, and adds the flood disclosure for terms of a year or longer.
Flood disclosure
Before or when a lease for a term of 1 year or longer is signed, you must complete and give the tenant a flood disclosure, in a separate document and in substantially the statutory form. It covers flood insurance, whether you know of flooding that damaged the unit while you owned it, flood insurance claims and flood assistance received.
More detail (1)
- If you do not comply and the tenant's personal property suffers a substantial flood loss (repairs or replacement costing 50 percent or more of its market value), the tenant may end the lease by written notice and surrender within 30 days after the loss, and you must refund rent paid in advance for the time after termination. Fla. Stat. § 83.512(2), (3)
Landlord name and address
At or before the start of the tenancy, tell the tenant in writing the name and address of the landlord or of a person authorized to receive notices and demands for you. That person keeps authority until you notify the tenant otherwise.
More detail (2)
- Deliver changes to the tenant's home, to another address the tenant designates in writing, or by e-mail under a signed e-mail addendum. Fla. Stat. § 83.50 Fla. Stat. § 83.505(1)
- A tenant's notice of a repair problem may go to you, your designated representative, a resident manager or whoever collects the rent. Fla. Stat. § 83.60(1)(b)
The lease names the landlord and the landlord's address, and any authorized agent.
Deposits, rent and fees
Security deposit limit
Not set by statuteFlorida does not cap the amount of a security deposit or advance rent. Deposit money covers any money the landlord holds for the tenant, including damage, security, pet and advance rent deposits.
Fla. Stat. § 83.49 Fla. Stat. § 83.43(4)
More detail (5)
- A landlord may offer a fee in lieu of a security deposit, but does not have to. If you offer it, you must offer it to every new tenant on the same premises and may not use the tenant's choice when deciding the application. Fla. Stat. § 83.491(1), (7)
- The fee option needs a written agreement signed by both sides, the written notices listed in the statute and the statutory disclosure in capital letters. The fee may not go up during the rental agreement, and the tenant may switch to paying the deposit at any time. Fla. Stat. § 83.491(3), (4)
- A renewal counts as a new rental agreement, and a deposit carried forward counts as a new deposit. Fla. Stat. § 83.49(6)
- The absence of a numerical cap does not approve every proposed charge. Section 83.44 requires good faith in performing or enforcing the agreement; section 83.45 permits a court to refuse, limit or sever an unconscionable provision. Review the actual terms and housing protections before collection. Fla. Stat. § 83.44 Fla. Stat. § 83.45
- Separate ordinary pet charges from assistance-animal protections. For covered service-animal housing, section 413.08(6) bars extra compensation for the animal while preserving liability for actual damage. Emotional support animals have a separate reasonable-accommodation provision in section 760.27, including the no-extra-compensation rule and its stated conditions. Review the applicable accommodation requirements before proposing a pet deposit; this guide does not decide a resident's request. Fla. Stat. § 413.08 Fla. Stat. § 760.27
The Florida lease states the deposit amount and says Florida law does not cap it.
Deposit return
If you make no claim on the deposit, return it, with any interest owed, within 15 days after the rental agreement ends. If you intend to keep any part, send written notice of the claim and the reason within 30 days after the rental agreement ends, by certified mail to the tenant's last known mailing address (or by e-mail under a signed e-mail addendum).
More detail (8)
- The claim notice must be in substantially the form the statute gives, stating the amount, the reason and the address for objections. A landlord who misses the 30-day window forfeits the right to claim against the deposit, but may sue for damages after returning it. Fla. Stat. § 83.49(3)(a)
- The tenant has 15 days after receiving the notice to object in writing. If no objection arrives, deduct the claim and send the balance within 30 days after the date of the notice. Not objecting does not stop the tenant from suing later. Fla. Stat. § 83.49(3)(b)
- Unless the written lease says otherwise, a tenant who leaves before the lease term ends, or who leaves a week-to-week, month-to-month, quarter-to-quarter or year-to-year tenancy, must give at least 7 days' written notice by certified mail or personal delivery, with an address where the tenant can be reached. If that tenant does not, you are relieved of the claim notice duty in (3)(a), though the tenant keeps any right to the deposit. A fixed-term tenant who moves out when the term ends owes no such notice, so still send the claim notice on time. Fla. Stat. § 83.49(5)
- In a court fight over the deposit, the winner gets court costs and a reasonable attorney fee. Fla. Stat. § 83.49(3)(c)
- When the property is sold or the rental agent changes, deposits and advance rent, with earned interest and an accounting, pass to the new owner or agent. Fla. Stat. § 83.49(7)
- Email delivery needs the voluntary signed rental-agreement addendum required by section 83.505, valid designated email addresses, and the required advice about revocation and address updates. Check the current election and address before sending. A qualifying email is deemed delivered when sent unless returned as undeliverable; preserve the notice and transmission evidence. An ordinary portal message or a signed lease alone does not establish these conditions. Fla. Stat. § 83.49 Fla. Stat. § 83.505
- Compare dated move-in and move-out records, resident comments and the actual work or unpaid amount before asserting a claim. Itemize the reason and amount and retain photos, invoices, ledger entries and any contrary evidence. A contractor's total, routine repainting, an improvement or a general damage label does not establish what the tenant owes. Check the lease and applicable remedy before claiming future rent after departure; a notice or software entry does not determine liability. Fla. Stat. § 83.49 Fla. Stat. § 83.44
- Check subsection (4) before applying this section to transient hotel or motel rentals, regulated rent or deposit arrangements and public housing. Its public-housing carveout retains subsections (3), (5) and (6). A general residential summary does not resolve every program's deposit rules. Fla. Stat. § 83.49
The Florida lease states the 15-day return deadline, the 30-day claim notice by certified mail and the tenant's 15 days to object.
Deposit account and interest
You must do one of three things with deposit money and advance rent (other than rent for the next period): hold it in a separate non-interest-bearing account in a Florida financial institution, hold it in a separate interest-bearing account there and pay the tenant interest, or post a surety bond and pay 5 percent simple interest. For either separate-account option, do not commingle, pledge or use the money until it is actually due to you.
More detail (5)
- In an interest-bearing account the tenant gets at least 75 percent of the annualized average interest rate on the account, or 5 percent per year simple interest, whichever you elect. Fla. Stat. § 83.49(1)(b)
- The surety bond is posted with the clerk of the circuit court for the county, in the total of deposits held or $50,000, whichever is less. A landlord renting in five or more counties may instead post one bond with the Secretary of State, up to $250,000. Fla. Stat. § 83.49(1)(c)
- If you rent five or more units, give written notice in the lease or within 30 days after receiving the money, naming the depository and its address (or stating that a bond is posted), saying whether the tenant gets interest, and including the statutory disclosure. Give new notice within 30 days if you change how or where the money is held. Fla. Stat. § 83.49(2)
- Where interest is owed, pay it to the tenant or credit it against rent at least once a year. No interest is owed to a tenant who wrongfully ends the tenancy early. Fla. Stat. § 83.49(9)
- The fewer-than-five-unit exception applies to subsection (2)'s disclosure notice; it does not remove the separate duties to hold and return deposits. A depository merger, name change or ownership transfer alone does not require a new notice. Distinguish the initial depository disclosure from the later notice of a proposed deposit claim; the latter has its own timing, form and delivery rules. Fla. Stat. § 83.49
The Florida lease lists the three holding options and the interest rates, and says a landlord with five or more units will give the depository notice separately within 30 days after receiving the deposit.
Move-in condition report
Not set by statutePart II does not require a move-in inspection or condition report. A written record still helps, because any claim on the deposit must be backed by a timely claim notice.
More detail (1)
- Deductions depend on the written claim notice and the tenant's chance to object. Fla. Stat. § 83.49(3) See Deposit return
The lease says the tenant accepts the home as documented in any move-in condition report and should report existing damage in writing within 7 days of move-in.
Rent and late fees
Not set by statuteNo Florida statute in Part II caps a late fee or sets a grace period. Any late fee comes from the written lease. Unless otherwise agreed, rent is due without demand at the start of each rent period and can be prorated by the day.
More detail (2)
- Rent means the periodic payments for occupancy plus any other payments the written lease designates as rent. Fla. Stat. § 83.43(12)
- A lease term a court finds unconscionable may be refused or limited. Fla. Stat. § 83.45
The Florida lease charges the late fee you set after the day of the month you choose, and says the Act sets no maximum late charge.
Returned payment fee
When a check, debit card order or electronic funds transfer bounces, you may collect the bank fees you actually paid plus a service charge of $25 if the payment was $50 or less, $30 if it was over $50 up to $300, $40 if it was over $300, or 5 percent of the payment, whichever is greater. You may claim this without going to court.
More detail (1)
- To sue for triple damages on a bounced payment, first send the written demand in the statutory form, then wait 30 days for payment in cash. Fla. Stat. § 68.065(3), (4)
Rent increase notice
Part II sets no notice period and no cap for a rent increase. During a fixed term, rent is what the lease says. A month-to-month tenancy can be ended by either side on 30 days' notice before the end of a monthly period.
More detail (4)
- Local governments may not adopt or keep any rule that controls rents. Fla. Stat. § 125.0103(2) Fla. Stat. § 166.043(2) See Rent control and local rules
- Raising rent discriminatorily, primarily to retaliate against a tenant, is unlawful. Fla. Stat. § 83.64(1) See Retaliation
- The month-to-month notice runs to the end of a monthly period. Fla. Stat. § 83.57(3) See Ending a month-to-month tenancy
- Make a proposed change easy to understand: state the current rent, new rent, dollar difference, proposed effective date and the rental period it covers. For example, moving from $1,500 to $1,650 adds $150, or 10 percent. That calculation describes the proposal; it is not a legal cap or proof that the change is permitted by the lease. Fla. Stat. ch. 83, part II
During the tenancy
Landlord entry
You may enter at any time to protect or preserve the premises. To make repairs, give at least 24 hours' notice and enter between 7:30 a.m. and 8:00 p.m. The tenant may not unreasonably refuse consent to entry to inspect, make repairs or improvements, supply agreed services or show the unit.
More detail (3)
- For inspections, showings and the other purposes in (1), you may enter with the tenant's consent, in an emergency, when the tenant unreasonably withholds consent, or when the tenant has been absent for half a rent period. The statute sets no notice period for these. Fla. Stat. § 83.53(2)
- If rent is current and the tenant told you about an absence, you may enter only with consent or to protect or preserve the premises. Fla. Stat. § 83.53(2)(d)
- You may not abuse the right of access or use it to harass the tenant. Fla. Stat. § 83.53(3)
The Florida lease gives the 24 hours' notice and 7:30 a.m. to 8:00 p.m. window for repairs and lists the other statutory grounds for entry.
Repairs and habitability
You must comply with applicable building, housing and health codes. Where there are none, you must keep the roof, windows, doors, floors, steps, porches, exterior walls, foundation and other structural parts in good repair, keep the plumbing in reasonable working condition, and install screens at move-in and repair them once a year when needed.
More detail (4)
- Unless otherwise agreed in writing, in a building other than a single-family home or duplex you must also provide for extermination (including bedbugs), locks and keys, clean and safe common areas, garbage removal, and heat in winter, running water and hot water. Fla. Stat. § 83.51(2)(a)
- If the tenant must leave for extermination, give 7 days' written notice. The tenant must be out no more than 4 days, and rent is abated. Fla. Stat. § 83.51(2)(a)1.
- For a single-family home or duplex, the duties in (1) may be changed in writing. Fla. Stat. § 83.51(1)
- You are not responsible for conditions caused by the tenant, family members or guests. The tenant must keep the unit clean and sanitary, dispose of garbage and not damage the premises. Fla. Stat. § 83.51(4) Fla. Stat. § 83.52
The Florida lease says you will comply with building, housing and health codes and keep the home habitable.
Tenant repair remedies
If you materially fail to meet the code or structural duties in 83.51(1), or material lease terms, within 7 days after the tenant's written notice saying the tenant intends to terminate, the tenant may end the rental agreement. No section of Part II lets a tenant make repairs and deduct the cost from rent.
More detail (4)
- When the failure is beyond your control and you keep trying to fix it, a tenant who moves out of an untenantable unit owes no rent while it stays that way, and a tenant who stays pays rent reduced in proportion to the lost rental value. Fla. Stat. § 83.56(1)(a), (b)
- A tenant who gave 7 days' written notice of the problem and of the intent to withhold rent may raise it as a defense when you sue for rent or possession. A material failure under 83.51(1) is a complete defense to an eviction for nonpayment, and the court sets the rent reduction. Fla. Stat. § 83.60(1)(b)
- The duties in 83.51(2), such as extermination or common areas, cannot be raised as a defense to an action for possession. Fla. Stat. § 83.51(2)(c)
- A lease term that waives these rights is void. Fla. Stat. § 83.47(1)(a)
The Florida lease states both remedies (ending the lease after 7 days' notice, and the withholding defense) and says nothing in it waives the Act's rights.
Locks and security devices
Unless otherwise agreed in writing, a landlord of a unit other than a single-family home or duplex must make reasonable provision for locks and keys. Part II does not require rekeying between tenants.
More detail (1)
- A landlord who changes the locks to keep a tenant out violates the lockout rule. Fla. Stat. § 83.67(2) See Lockouts and utility shutoffs
The lease says you will provide working exterior locks and the tenant may not change or rekey them without your written permission.
Smoke alarms
Partly readUnless otherwise agreed in writing, at the start of a tenancy in a single-family home or duplex you must install working smoke detection devices listed by a nationally recognized testing laboratory. Other buildings follow the applicable building and fire codes, which were not read for this page.
More detail (1)
- Code duties apply to every landlord. Fla. Stat. § 83.51(1)(a)
The lease says you will provide working smoke and carbon monoxide detectors at the start of the tenancy and the tenant may not disable them.
Retaliation
You may not discriminatorily raise rent, cut services, or bring or threaten an eviction or other suit primarily to retaliate against a tenant who acted in good faith. Protected acts include complaining to a code agency, joining a tenant organization, complaining to you under 83.56(1), ending a lease as a servicemember, paying rent to an association after its demand, and exercising fair housing rights.
More detail (3)
- The tenant can raise retaliation as a defense to an eviction. Fla. Stat. § 83.64(2) Fla. Stat. § 83.60(1)(a)
- The rule does not apply if you prove the eviction is for good cause, such as good faith nonpayment, lease violation or rule violation cases. Fla. Stat. § 83.64(3)
- Retaliation requires discrimination: the tenant is treated differently as to rent, services or the action taken. Fla. Stat. § 83.64(4)
The Florida lease states the retaliation rule, lists five of the statute's examples and repeats the good cause exception.
Lockouts and utility shutoffs
You may not cut off or interrupt any utility service, even one you pay for, and may not keep the tenant out by changing locks or using a bootlock or similar device. You may not remove doors, locks, the roof, walls or windows except for maintenance, repair or replacement.
Fla. Stat. § 83.67(1), (2), (5)
More detail (3)
- A landlord who violates these rules owes the tenant actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. Each later, separate violation brings a separate award. Fla. Stat. § 83.67(6)
- A violation counts as irreparable harm, so a court can order it stopped. Fla. Stat. § 83.67(7)
- The only lawful ways to regain possession are a court action, surrender, abandonment, or the death of the last tenant under the statutory conditions. Fla. Stat. § 83.59(3)
The lease's abandonment clause says nothing in it authorizes self-help repossession.
Ending a tenancy
Ending a month-to-month tenancy
Either side ends a month-to-month tenancy with written notice given at least 30 days before the end of a monthly rental period. A week-to-week tenancy takes 7 days, quarter-to-quarter 30 days and year-to-year 60 days before the end of the period.
More detail (3)
- A lease with no stated duration runs by the rent period: monthly rent makes it month to month. Fla. Stat. § 83.46(2)
- Deliver the notice the same ways as the 3-day and 7-day notices. Fla. Stat. § 83.57 Fla. Stat. § 83.56(4)
- A tenant who stays after the lease ends with your permission and does not give the month-to-month notice owes an extra month's rent. A tenant who stays without permission can be evicted and owes double rent for the holdover period. Fla. Stat. § 83.575(3) Fla. Stat. § 83.58
The Florida lease says either party may end a month-to-month tenancy on at least 30 days' written notice before the end of a monthly period.
Ending a fixed-term lease early
If a tenant breaks the lease and you have a writ of possession, or the tenant has surrendered or abandoned the unit, you may end the lease and release the tenant, retake the unit for the tenant's account and make a good faith effort to relet, stand by and collect rent as it comes due, or charge an agreed early termination fee or liquidated damages.
More detail (6)
- An early termination fee or liquidated damages is allowed only if the tenant accepted it by signing a separate addendum in the statutory form, the amount is no more than 2 months' rent, and for a fee the tenant must give no more than 60 days' notice. You may also collect rent through the end of the month you retake the unit and charges for damage. Fla. Stat. § 83.595(4)
- A lease with a fixed term may require the tenant to give 30 to 60 days' notice before leaving at the end of the term only if it also requires you to give the same notice if you will not renew. To charge liquidated damages when the tenant skips that notice, you must deliver written notice, by a method in s. 83.56(4) and within 15 days before the notice period starts, stating the tenant's notice obligation, the date the lease ends and every fee, penalty and charge that applies. Fla. Stat. § 83.575(1) Fla. Stat. § 83.575(2)
- A servicemember may end the lease by written notice effective at least 30 days after you receive it, with a copy of the official orders or a written verification signed by the commanding officer, in six listed situations, including a permanent change of station 35 miles or more away. An adult immediate family member may do the same if the servicemember dies on active duty. The tenant owes prorated rent only to the termination date, and owes no damages or penalties at all if the lease is ended 14 or more days before occupancy. This right cannot be waived. For a family member's notice after an active-duty death, the orders or commanding officer's verification must also be accompanied by the servicemember's death certificate. Fla. Stat. section 83.682(1)-(5)
- A tenant may also end the lease after casualty damage not caused by the tenant that substantially impairs the home, or after a flood loss when you did not give the flood disclosure. After casualty damage you must let the tenant collect belongings when it is safe to do so, or give notice of a date, within a reasonable time, by which the tenant can collect them. Fla. Stat. § 83.63(1) and (2) Fla. Stat. § 83.512(2)
- Both parties must accept the fee or liquidated-damages option when the rental agreement is made, with the tenant signing the separate statutory addendum. Under that option the landlord waives additional rent beyond the month in which possession is retaken. The separate rules in 83.575 govern a tenant's failure to give required end-of-term notice. Fla. Stat. section 83.595(4)
- When retaking the home for the tenant's account under 83.595(2), credit rent received from reletting against the tenant's rent balance. Good-faith reletting requires at least the efforts used for the original rental or for similar units, without requiring preference over the landlord's other vacancies. The statute separately offers termination for the landlord's own account and the option to collect rent as it comes due; apply the conditions of the remedy chosen. Fla. Stat. section 83.595(1)-(3)
Notice for unpaid rent
If rent is unpaid, deliver a written 3-day notice demanding the rent or possession. The 3 days exclude Saturdays, Sundays and court-observed legal holidays. If the rent is still unpaid, you may end the rental agreement.
More detail (3)
- The notice must be in substantially the statutory form, with the amount owed, the full address including the county, the pay-by date, and your name, address and phone number. Fla. Stat. § 83.56(3)
- Deliver it by mail, by handing over a true copy, by e-mail under a signed e-mail addendum, or, if the tenant is absent, by leaving a copy at the home. The lease cannot waive these notice rules. Fla. Stat. § 83.56(4) Fla. Stat. § 83.505(1)
- Accepting partial rent does not waive your right to terminate. But if you accept partial rent after posting the notice, you must give a dated receipt with the balance and agreed due date, deposit the partial rent in the court registry when you file, or post a new 3-day notice. Fla. Stat. § 83.56(5)(a)
The Florida lease repeats the statutory delivery methods and says e-mail works only under the separate e-mail addendum, which is not part of the lease.
Notice for a lease violation
For a violation you can give the tenant a chance to fix, such as unauthorized pets, guests or vehicles, deliver a written notice giving 7 days to cure. For a violation that should not get a chance to cure, such as intentional damage, a repeated unreasonable disturbance, or getting into the unit by fraud (a knowingly false identity statement on the application, forged documents such as a fake ID, bank statement or paystub, or impersonation), whether or not criminal charges are brought, deliver a written notice ending the lease and giving 7 days to move out.
Fla. Stat. § 83.56(2) Fla. Stat. § 817.537(2)
More detail (3)
- Both notices must be in substantially the statutory form. Fla. Stat. § 83.56(2)(a), (b)
- If the same or similar conduct recurs within 12 months after a cure notice, you may file an eviction without another notice. A repeat within 12 months of a written warning can also be treated as non-curable. Fla. Stat. § 83.56(2)(a), (b)
- Accepting rent knowing of a violation waives the right to terminate for that violation, but not for later or continuing ones. Accepting the government rent subsidy portion does not waive it, but the right is still waived if you do not file an action within 45 days after you learn of the violation. Fla. Stat. § 83.56(5)(a) and (c)
The Florida lease says accepting rent with actual knowledge of a violation waives the right to terminate for it, as the statute provides.
Eviction process
After ending the rental agreement with the proper notice, file a complaint for possession in the county court of the county where the unit is. The case uses the summary procedure, in which the tenant's answer is due within 5 days after service, not counting Saturdays, Sundays and legal holidays. A landlord's agent who is not a lawyer may do nothing beyond filing the initial complaint.
Fla. Stat. § 83.59(2) Fla. Stat. § 51.011(1) Fla. R. Gen. Prac. & Jud. Admin. 2.514(a)(2)
More detail (10)
- The possession complaint must describe the home and state the facts supporting recovery. Before filing, gather the lease, notice, proof of notice delivery, rent records and relevant communications. Florida Courts links to landlord-tenant forms and DIY resources. Confirm the current complaint, summons, local filing fee and any additional requirements with the county clerk; this page has not reviewed a local packet or fee schedule. Fla. Stat. § 83.59 Florida Courts, landlord-tenant resources
- Service of the court summons and complaint is separate from delivery of a tenancy notice. Use the sheriff or an authorized special or certified process server under section 48.021. The server's signed return must record when the papers were received and served, the service method, the person served and the documents delivered. Do not assume a lease's e-mail notice addendum authorizes service of court process. Fla. Stat. § 48.021 Fla. Stat. § 48.21
- Section 48.183 permits posting for a possession action only under its conditions, including at least two unsuccessful service attempts at least six hours apart. If posting is anticipated, give the clerk the additional complaint copy and a prestamped envelope addressed to the tenant at the home. The clerk mails the summons and complaint; service takes effect on the later posting or mailing date, and at least five days must pass before final removal judgment. Follow the authorized server and court's instructions rather than posting a summons yourself. Fla. Stat. § 48.183
- The current residential eviction summons uses the five-day response period excluding Saturdays, Sundays and legal holidays, and explains the answer and rent-registry steps. A claim for unpaid rent or other damages has separate summons instructions: Form 1.923(b) specifies twenty days for written defenses to that claim. Identify each claim and read the issued summons; do not use the possession deadline as the deadline for every money claim. Fla. R. Civ. P. Forms 1.923(a), (b) Fla. Stat. § 51.011 Fla. Stat. § 83.60
- The court advances a possession case on its calendar under the summary procedure. Defensive motions are heard before trial. In a case governed by the rent-registry requirements, section 83.56(5)(b) bars setting mediation or trial until section 83.60(2) is satisfied; failure to comply can lead to the specified default process. Follow the actual court notices and orders. Filing the complaint does not establish a universal hearing date or a guaranteed three-to-four-week completion time. Fla. Stat. § 83.59 Fla. Stat. § 51.011 Fla. Stat. § 83.56 Fla. Stat. § 83.60
- If the tenant raises any defense other than payment, the tenant must, within 5 days after service (excluding Saturdays, Sundays and legal holidays), either pay the rent alleged into the court registry or file a motion, with supporting documentation, to determine the rent to be paid, and must keep paying rent into the registry as it comes due. If the tenant does neither, you are entitled to an immediate default judgment for possession. Public housing tenants and tenants receiving rent subsidies deposit only the portion of rent for which they are responsible under their program. Fla. Stat. § 83.60(2)
- After judgment, the sheriff puts you in possession after posting 24 hours' notice on the premises. Weekends and holidays do not stop that clock. Fla. Stat. § 83.62(1)
- In a nonpayment case the court also enters a money judgment for unpaid rent, but only if the tenant was personally served or served another way the law allows. Fla. Stat. § 83.625
- The winning party may recover reasonable attorney fees and court costs. The lease cannot waive this right. Fla. Stat. § 83.48
- A separate sheriff's removal process covers people who unlawfully entered and are not current or former tenants under a rental agreement the owner authorized, once the owner has told them to leave. Fla. Stat. § 82.036(2)
The Florida lease says any action goes to the county court for the county where the home is, and that the winning party recovers attorney's fees and costs.
Abandoned property
You may remove a tenant's belongings only after surrender, abandonment, a lawful eviction, or recovery of possession after the death of the last tenant. For property left after the tenancy ends, the Disposition of Personal Property Landlord and Tenant Act lets you give written notice describing it and a claim date at least 10 days after personal delivery or 15 days after mailing.
Fla. Stat. § 83.67(5) Fla. Stat. § 715.104
More detail (5)
- Without actual knowledge, a unit is presumed abandoned when the tenant has been absent for half a rent period, unless rent is current or the tenant gave written notice of the absence. Fla. Stat. § 83.59(3)(c)
- Leave the property in the unit or store it with reasonable care until it is claimed or disposed of. Fla. Stat. § 715.107
- If unclaimed property is worth less than $500, you may keep or dispose of it. Otherwise sell it at a public sale advertised once a week for 2 weeks, and pay any unclaimed balance to the county within 30 days after the sale. Fla. Stat. § 715.109(1), (2), (4)
- A lease may excuse you from these steps only with the statutory legend in capital letters. Fla. Stat. § 83.67(5)
- After a writ of possession is executed, you may move the property to or near the property line. Fla. Stat. § 83.62(2)
The lease says you will handle property left behind as the law requires, including any notice and storage period, and it does not include the optional legend.
Small claims and county court
Partly readCounty court hears civil claims up to $50,000, not counting interest, costs and attorney fees, for cases filed on or after January 1, 2023, and it hears evictions. The Florida Small Claims Rules, which set the small claims limit and procedure, were not read for this page.
More detail (2)
- In a suit over the security deposit, the winner recovers court costs and a reasonable attorney fee. Fla. Stat. § 83.49(3)(c)
- Evictions are filed in county court. Fla. Stat. § 83.59(2) See Eviction process
More Florida rules
Waterbeds
You may not prohibit a tenant from using a flotation bedding system, such as a waterbed, if it does not violate building codes. The tenant must carry flotation insurance in the tenant's name, of the kind standard in the industry and in a reasonable amount, with a loss payable clause to the owner.
Background checks for apartment employees
If your building is licensed as a nontransient or transient apartment under s. 509.242(1)(d) or (e), you must require each employee to pass a background screening as a condition of employment.
More detail (1)
- The screening must be done by a consumer reporting agency under the federal Fair Credit Reporting Act and cover criminal history records and the sexual predator and sexual offender registries of all 50 states and the District of Columbia. Fla. Stat. § 83.515(2)
Guests and transient occupancy
Occupancy status depends on the actual agreement and facts. Part II defines a tenant as a person entitled to occupy under a rental agreement, which can include an oral agreement for less than one year. Section 82.035 defines a transient occupant by a brief stay, no lease and an intended temporary occupancy. It does not turn every guest into a tenant automatically after 30 days or merely because mail arrives.
Fla. Stat. section 83.43(13), (17), (18) Fla. Stat. section 82.035(1)
More detail (5)
- Section 82.035 lists nonexclusive factors: no ownership, financial or leasehold right; no utility subscription; no qualifying government address documents from the preceding 12 months; minimal or no rent; no designated personal space; few belongings; and an apparent permanent home elsewhere. Minor household contributions do not establish residency. Consider the whole situation rather than treating one fact as a complete status test. Fla. Stat. section 82.035(1)
- For the section 82.035 officer route, the person entitled to possession supplies a sworn affidavit stating the facts that establish unlawful detention by a transient occupant. An officer may then direct surrender of possession. A person wrongfully removed may seek an injunction and compensatory damages from the requester; the statute separately addresses officer liability. A label chosen by an owner does not settle a disputed tenancy. Fla. Stat. section 82.035(2), (3)
- Section 82.035 also permits an unlawful-detainer action. If the court finds that the occupant is instead a residential tenant governed by Part II of chapter 83, it must allow the plaintiff to give the required tenancy notice and amend for eviction before dismissing. Use the procedure that fits the actual occupancy. Fla. Stat. section 82.035(4) See Eviction process
- A former transient occupant must have reasonable access to recover belongings. The usual period is within 10 days after occupancy ends when the person entitled to possession or a trusted third party can supervise, but availability, property condition and other statutory circumstances may change it. Reasonable safety conditions may apply. Unreasonably withholding access can lead to a civil action, with prevailing-party attorney fees and costs. Fla. Stat. section 82.035(5)
- The separate section 82.036 sheriff remedy requires every statutory condition, including unlawful entry onto a residential property not open to the public, a direction to leave, no current or former owner-authorized oral or written tenancy, no immediate-family relationship to the owner, and no related pending litigation. It requires the verified statutory complaint and sheriff review. Wrongful use can result in restoration of possession, actual losses, statutory damages of triple fair market rent, costs and attorney fees. It is not a substitute for the tenant eviction process. Fla. Stat. section 82.036(2)-(6)
Preparing your first Florida rental
Prepare the property, disclosures and deposit process before move-in. Use a clear lease, lawful screening criteria and an organized plan for rent and repairs. The detailed topics in this guide explain the Florida requirements behind the checklist.
More detail (4)
- Compare similar homes by location, size, condition and included services. List taxes, insurance, association charges, utilities you pay, repairs, turnover and vacancy in the budget rather than treating the advertised rent as take-home income. Keep a reserve for unexpected work. Check the address’s zoning, rental licensing or inspection requirements and applicable association restrictions. Fla. Stat. § 83.51(1)
- Finish required repairs and safety checks, take dated condition photos and arrange dependable repair contacts. Explain how the resident should report ordinary problems and emergencies. Keep the starting condition, repair requests, communications and completed work in a file so the history is available when a problem recurs or a deposit claim is considered. Fla. Stat. § 83.51(1) Fla. Stat. ch. 83, part II See Repairs and habitability
- Prepare consistent lawful criteria before advertising or ordering reports. Review screening, fair housing and consumer-report notices. Confirm the parties, property, dates, rent, utilities, deposits, payment methods and entry arrangements in the lease. Prepare the radon and applicable flood disclosures, the notice contact and any required deposit notice before the relevant signing or delivery deadline. Fla. Stat. § 83.50 Fla. Stat. § 404.056(5) Fla. Stat. § 83.512(1) Fla. Stat. § 83.49(2) See Required disclosures
- Choose a permitted deposit holding method and track deposit money and advance rent separately from ordinary operating income. Keep signed documents, disclosure delivery records, receipts and a rent ledger with appropriate access limits. Calendar lease events, rent reviews and notice deadlines, and use the actual guide requirements rather than assuming a software reminder resolves them. Fla. Stat. § 83.49(1) See Deposit account and interest
Adverse possession and ownership records
Adverse possession concerns title to land, separately from the guest, tenant and unlawful-occupant procedures described in this guide. Florida has distinct routes with and without color of title. Seven years of presence, paying a bill or filing a return alone does not establish ownership.
Fla. Stat. 95.16: possession under color of title Fla. Stat. 95.18: possession without color of title
More detail (3)
- Under the color-of-title route, the claim rests on a written instrument treated as a conveyance, or a decree or judgment, together with the required seven years of continued possession. For possession starting after December 31, 1945, the founding instrument must be recorded in the county circuit clerk’s office before possession counts under this route. The statute separately defines qualifying possession and limits what land is included. Fla. Stat. 95.16: possession under color of title
- The no-color-of-title route requires seven years of actual continued possession under an exclusive claim and additional tax, lien and return requirements. These include paying the specified outstanding taxes and matured improvement liens within one year of entry, filing the prescribed property-appraiser return within thirty days after that compliance, and subsequent required payments. The return expressly creates no legally enforceable interest by itself. Review the full requirements rather than treating a tax receipt as a deed. Fla. Stat. 95.18: possession without color of title
- Keep the deed and recording history, legal description or survey, tax notices, leases, permission records, dated observations and communications together. Respond promptly to any property-appraiser notice of an adverse-possession return. Use the guest and transient occupancy topic to distinguish the separate removal routes; a title claim should be assessed before assuming an ordinary tenant notice or sheriff complaint resolves it. Fla. Stat. 95.18: possession without color of title See Guests and transient occupancy
Local rules
Rent control and local rules
Florida bans rent control: no city, county or other local government may adopt or keep any measure that controls rents. The state also preempts local regulation of residential tenancies and every matter Part II covers, including screening, deposits, application fees, lease terms, disclosures, fees and notice requirements.
Fla. Stat. § 125.0103(2) Fla. Stat. § 166.043(2) Fla. Stat. § 83.425
More detail (1)
- Local governments may still use land use tools such as inclusionary housing to increase affordable housing. Fla. Stat. § 125.0103(3) Fla. Stat. § 166.043(3)
Florida preempts local regulation of residential tenancies and bans local rent control. Cities and counties still have building, housing and fire codes that can add duties for rental property. None was read for this page, so no local rule is listed here; check the codes where the property is located.
Florida landlord questions
Is there a limit on security deposits in Florida?
No. Florida sets no maximum. It does control how you hold the money and how fast you return it: 15 days after the rental agreement ends if you make no claim, or a claim notice within 30 days by certified mail or qualifying email under section 83.505. Good-faith and unconscionability rules still apply.
Fla. Stat. ch. 83, part II Fla. Stat. § 83.49(3)(a) Fla. Stat. § 83.505 Fla. Stat. § 83.44 Fla. Stat. § 83.45
What happens if I miss the 30-day deposit claim deadline?
You lose the right to claim against the deposit and may not set off damages against it. You can still sue the tenant for damages after returning the deposit.
Do I have to pay interest on a security deposit?
Only if you hold it in an interest-bearing account (at least 75 percent of the account's annualized average rate, or 5 percent simple, as you elect) or post a surety bond (5 percent simple). A separate non-interest-bearing account in a Florida financial institution owes no interest.
How much can I charge as a late fee in Florida?
Part II sets no cap and no grace period. The late fee must be in the written lease, and a court may refuse to enforce a term it finds unconscionable.
How much notice do I give before entering?
To make repairs, give at least 24 hours' notice and enter between 7:30 a.m. and 8:00 p.m. You may enter at any time to protect or preserve the premises, and for inspections or showings with consent, in an emergency, when the tenant unreasonably refuses, or when the tenant has been gone half a rent period, unless rent is current and the tenant told you about the absence, in which case you need consent.
What notice do I give for unpaid rent?
A written 3-day notice demanding rent or possession, in the statutory form. The 3 days do not count Saturdays, Sundays or court-observed legal holidays.
How do I end a month-to-month tenancy in Florida?
Give written notice at least 30 days before the end of a monthly period. The tenant must give the same notice.
Can I charge an early termination fee?
Yes, if the tenant signed a separate addendum in the statutory form accepting it, the fee is no more than 2 months' rent, and the tenant must give no more than 60 days' notice.
Can I send legal notices by e-mail?
Only if you and the tenant both signed an addendum in the statutory form agreeing to e-mail delivery and gave e-mail addresses. Either side may revoke it at any time.
Can I change the locks or shut off utilities if the tenant stops paying?
No. That can cost you actual and consequential damages or 3 months' rent, whichever is greater, plus attorney's fees. Use the court eviction process.
What must a tenant do to fight an eviction in Florida?
For any defense other than payment, the tenant must, within 5 days after service (not counting weekends and legal holidays), pay the alleged rent into the court registry or file a supported motion to determine the rent. If the tenant does neither, you are entitled to an immediate default judgment. Public housing tenants and tenants receiving rent subsidies deposit only the rent portion for which they are responsible under the program. Read and respond to the issued summons as well; a separate damages claim has its own response instructions.
Do Florida cities have rent control?
No. State law bars cities, counties and other local governments from adopting or keeping any measure that controls rents.
Do I have to give a flood disclosure?
Yes, for a lease of 1 year or longer. Complete the statutory form in a separate document and give it at or before signing.
What can I charge for a bounced rent payment?
The bank fees you actually paid plus $25, $30 or $40 depending on the payment amount, or 5 percent of the payment, whichever is greater.
Does a Florida deposit notice count as delivered when emailed?
Only check that rule after confirming the statutory voluntary addendum, designated address and current election. A qualifying email is deemed delivered when sent unless returned undeliverable. Retain the actual notice and transmission evidence; a portal message alone does not establish statutory delivery.
Does an average annual rent increase set Florida's legal limit?
No. A market average describes a particular sample and period; it does not create a legal ceiling. Review the lease, timing, any applicable housing-program restrictions and protections against discrimination or retaliation. Compare the actual proposed amount and effective date rather than relying on an undated statewide percentage.
Fla. Stat. ch. 83, part II Fla. Stat. § 83.64(1) Fla. Stat. § 125.0103(2)
Statutes read for this page
- Florida Statutes chapter 83, part II, Florida Residential Landlord and Tenant ActRead in full
- Florida Statutes 68.065, worthless payment instruments1 section
- Florida Statutes 404.056, radon notification1 section
- Florida Statutes 715.10 to 715.111, Disposition of Personal Property Landlord and Tenant Act8 sections
- Florida Statutes 760.22, 760.23, 760.29 and 760.34, Florida Fair Housing Act4 sections
- Florida Statutes 125.0103 and 166.043, local price and rent controls2 sections
- Florida Statutes 51.011, summary procedure1 section
- Florida Statutes 34.01, county court jurisdiction1 section
- Florida Statutes 82.036, removal of unauthorized persons1 section
- Florida Statutes 817.537, fraudulent entry of a residential dwelling1 section
- Supplemental eviction procedure statutesComplete current 48.021, 48.21, 48.183, 51.011, 83.56, 83.57, 83.59, 83.60 and 83.62 operative text read October 14, 2026. Wider chapters, incorporated sections and signed 2026 fraudulent-entry act effective date not separately reviewed.
- Florida court time computation ruleCourt-linked July 1, 2026 compilation: complete Rule 2.514 read from PDF pages 167 to 169 (indices 166 to 168); rendered page 168 inspected. Filename contains 2027 but actual cover and rule-page date are July 1, 2026. Wider compilation not reviewed.
- Florida residential eviction summons instructionsCourt-linked October 1, 2026 compilation: Form 1.923(a) English instructions/signature on PDF pages 244 to 245, and Form 1.923(b) back-rent/damages instructions on page 251 read. Rendered page 244 inspected. Remaining translations, other forms and full procedural rules not reviewed.
- Florida Courts landlord-tenant resourcesActual current official resource HTML read October 14, 2026 through own browser after web returned footer only. Official navigation links to the Florida Bar rules index; current index lists July 1 and October 1, 2026 compilations. No DIY interview started and no local form packet or fee schedule reviewed.
- Supplemental deposit and notice qualificationsFull current2026 83.49,83.505,83.44,83.45,413.08 and760.27 operative text/histories read October14,2026. Deposit notice/account/scope and assistance-animal distinctions clarified; full chapters, incorporated statutes and federal/program rules not newly certified.
- Selected Florida criminal-record provisionsFull current sections 943.0515, 943.0585 and 943.059 read October 15, 2026 for the screening additions. Other chapter 943 provisions, individual orders and records were not reviewed.
- Electronic notice delivery and recordsFull current 2026 Florida Senate 83.505(1)-(6), statutory election form and history read October 15, 2026. Selected section only; broader chapter, local ordinances, court rules/cases and federal requirements not freshly reviewed.
- Selected early-termination fee choices and notice rulesSelected follow-up October 15, 2026: full official 2026 Florida Statutes 83.595(1)-(4), including both statutory addendum choices, 83.575(1)-(3), 83.57(1)-(4), 83.682(1)-(5), 83.53(1)-(3) and 83.56(1)-(6), with histories, read in own browser. Added only fee-election waiver and reletting qualifications and completed the existing military-family documentation sentence/citation. Federal SCRA, incorporated definitions, complete housing-maintenance or flood statutes, court rules, local codes and cases not freshly reviewed; broader October 1 checked_on retained.
- Selected guest, transient-occupant and unauthorized-entry provisionsSelected follow-up October 15, 2026: complete official 2026 Florida Statutes sections 82.035(1)-(6), 82.036(1)-(7), including its full statutory complaint form, 83.43(1)-(18), 83.53(1)-(3) and 83.57(1)-(4), with histories, read. Added only guest/transient status factors, distinct removal routes and property/wrongful-removal qualifications. Existing 24-hour repair-entry and 30-day monthly termination guidance retained. Incorporated trespass, general unlawful-detainer, service, fee and court procedures, cases and federal/local law were not freshly reviewed. Broader October 1 checked_on retained.
Not read for this page (12)
- The Florida Small Claims Rules, which set the small claims limit and procedure. The courts publish them as a PDF.
- The Florida Building Code and Florida Fire Prevention Code, including smoke alarm rules for buildings other than single-family homes and duplexes.
- The rest of the Florida Fair Housing Act beyond the four sections cited.
- Federal law: the lead-based paint disclosure, the Servicemembers Civil Relief Act and the federal Fair Housing Act.
- Court decisions on late fees and other lease terms.
- City and county codes.
- Towing law and the criminal worthless check sections referred to by the returned payment statute.
- Mobile home park tenancies under chapter 723.
- The 2025 text of section 83.56 and the effective date of the 2026 law that added fraudulent entry as a violation without a chance to cure.
- Eviction court rules and forms beyond the selected time-computation rule and summons instructions, and local court packets and fee schedules.
- Criminal-record law beyond the three selected screening provisions, and any individual sealing order, expunction order or applicant record.
- Incorporated trespass, general unlawful-detainer and case-specific occupancy procedures beyond the selected guest and unauthorized-entry provisions.