General info, not legal advice. Details

Florida landlord-tenant law FAQ

Last reviewed 2026-10-16

42 answers to common Florida landlord questions. Every answer is a verified fact with its official source and last-checked date.

How much can a landlord charge for a security deposit in Florida?

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no cap on security deposits; the lease terms control.

Verified Source: Fla. Stat. ch. 83, part II (§§ 83.40–83.683) · last checked 2026-10-15 · Full security deposit limit page

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

Return within 15 days if the landlord makes no claim. Otherwise, written notice of the claim within 30 days, sent by certified mail or email.

Verified Source: Fla. Stat. § 83.49(3)(a) · last checked 2026-10-15 · Full deposit return deadline page

How much notice does a landlord have to give before entering a rental in Florida?

24 hours' notice to enter for repairs, entering between 7:30 a.m. and 8:00 p.m.

Verified Source: Fla. Stat. § 83.53(2) · last checked 2026-10-15 · Full notice to enter page

How much notice does a landlord need to give to raise the rent in Florida?

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no notice period for rent increases; the lease terms control.

Verified Source: Fla. Stat. ch. 83, part II (§§ 83.40–83.683) · last checked 2026-10-15 · Full rent increase notice page

Can a landlord charge a late fee in Florida, and how much?

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no late-fee cap; the lease terms control.

Verified Source: Fla. Stat. ch. 83, part II (§§ 83.40–83.683) · last checked 2026-10-15 · Full late fees page

What notice does a landlord have to give before evicting for unpaid rent in Florida?

3-day notice to pay or vacate, excluding weekends and legal (court-observed) holidays.

Verified Source: Fla. Stat. § 83.56(3) · last checked 2026-10-15 · Full eviction notice (nonpayment) page

Can cities in Florida pass rent control?

Preempted. Regulation of residential tenancies and the landlord-tenant relationship is preempted to the state, overriding local rules on screening, deposits, application fees, lease terms, disclosures, landlord fees and notice requirements. (Local rent control is separately barred.)

Verified Source: Fla. Stat. § 83.425 · last checked 2026-10-15 · Full rent control / state preemption page

How much notice is needed to end a month-to-month tenancy in Florida?

Month-to-month: written notice at least 30 days before the end of a monthly period. Week-to-week: 7 days. Year-to-year: 60 days.

Verified Source: Fla. Stat. § 83.57 · last checked 2026-10-15 · Full ending a month-to-month tenancy page

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

Not required. The landlord may hold deposits in a separate non-interest-bearing Florida account. If the landlord uses an interest-bearing account, the tenant gets at least 75% of the annualized interest or 5% simple interest (landlord's choice). A landlord who posts a surety bond instead must pay 5% simple interest.

Verified Source: Fla. Stat. § 83.49(1) · last checked 2026-10-15 · Full interest on deposits page

Is a move-in or move-out inspection checklist required in Florida?

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no move-in or move-out inspection or checklist requirement; the lease terms control.

Verified Source: Fla. Stat. ch. 83, part II (§§ 83.40–83.683) · last checked 2026-10-15 · Full move-in/move-out checklist page

Is landlord retaliation illegal in Florida?

Yes. A landlord may not discriminatorily raise rent, cut services, or bring or threaten an eviction or other suit mainly to retaliate against a tenant acting in good faith. Protected acts include complaining to a code agency or the landlord, joining a tenant organization, and exercising fair housing rights. Retaliation is a defense to eviction.

Verified Source: Fla. Stat. §§ 83.64, 83.60(1)(a) · last checked 2026-10-15 · Full retaliation protections page

Can a landlord change the locks or shut off utilities in Florida?

Banned. A landlord may not cut off or interrupt utilities (water, heat, electricity, gas, garbage and so on), change locks or use bootlocks, remove doors, windows or locks except for repairs, or remove the tenant's belongings except after surrender, abandonment or lawful eviction.

Verified Source: Fla. Stat. § 83.67(1), (2), (5) · last checked 2026-10-15 · Full lockouts and utility shutoffs page

What can a tenant do if the landlord won't make repairs in Florida?

The tenant may give written notice of the landlord's material failure to maintain (§ 83.51(1)) and, 7 days later, withhold rent. The noncompliance is then a complete defense to a nonpayment eviction, and the court may reduce the rent. Florida has no repair-and-deduct statute in ch. 83.

Verified Source: Fla. Stat. § 83.60(1)(b) · last checked 2026-10-15 · Full repairs and habitability remedies page

What disclosures must a landlord give tenants in Florida?

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the landlord or the person authorized to receive notices and demands.

Verified Source: Fla. Stat. § 83.50 · last checked 2026-10-15 · Full required lease disclosures page

What can a landlord do with property a tenant leaves behind in Florida?

A landlord may not remove a tenant's personal property except after surrender, abandonment, death of the last tenant (§ 83.59(3)(d)), or lawful eviction. If the lease contains the statutory legend in capitals, the landlord is not liable for storing or disposing of property after surrender or abandonment. Otherwise the procedure in ch. 715 (§ 715.104) applies. Abandonment is as defined in § 83.59(3)(c).

Verified Source: Fla. Stat. § 83.67(5) · last checked 2026-10-15 · Full abandoned property page

Can a tenant break a lease early for domestic violence or military service in Florida?

Servicemembers may end a lease with 30 days' written notice for qualifying orders, e.g. a permanent change of station 35+ miles away, discharge, orders into government quarters, or temporary orders over 60 days to an area 35+ miles away. Ch. 83 has no domestic-violence early-termination provision.

Verified Source: Fla. Stat. § 83.682; ch. 83 part II · last checked 2026-10-15 · Full early termination (dv/military) page

Is there a grace period before a late fee can be charged in Florida?

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no grace period before a late fee; the lease terms control.

Verified Source: Fla. Stat. ch. 83, part II (§§ 83.40–83.683) · last checked 2026-10-15 · Full late fee grace period page

How much can a landlord charge for a rental application fee in Florida?

A search of the full text of Chapter 83 found no application-fee cap. Local regulation of application fees and screening is preempted to the state.

Verified Source: Fla. Stat. § 83.425 (Ch. 83 searched in full) · last checked 2026-10-15 · Full application fees & screening page

How does the eviction court process work in Florida?

The landlord files a complaint in county court under summary procedure, and the tenant has 5 days to answer. A tenant raising any defense other than payment must deposit the alleged rent into the court registry within 5 business days of service or loses those defenses. After judgment, the sheriff posts 24 hours' notice before executing the writ.

Verified Source: Fla. Stat. §§ 83.59, 83.60(2), 83.62; § 51.011(1) · last checked 2026-10-15 · Full eviction court process & timeline page

What happens if a tenant stays after the lease ends in Florida?

When a written lease with a fixed term expires and the tenant stays without a new written lease, it becomes a tenancy at sufferance. Accepting rent alone doesn't renew the lease; with the landlord's written consent it becomes a tenancy at will.

Verified Source: Fla. Stat. § 83.04 · last checked 2026-10-15 · Full holdover tenants page

Can a tenant withhold rent for repairs in Florida?

A tenant may withhold rent for the landlord's material failure to meet the building-code and maintenance duties in § 83.51(1), but only once 7 days have passed after written notice naming the problem and saying rent will be withheld. In an eviction, the court may reduce the rent, and a tenant raising any defense other than payment must pay the rent into the court registry.

Verified Source: Fla. Stat. § 83.60(1)(b), (2) · last checked 2026-10-15 · Full rent withholding / escrow page

Does a landlord have to give notice before not renewing a lease in Florida?

When a written lease for a set term ends and the tenant stays without a new written lease, it becomes a tenancy at sufferance. Paying or accepting rent does not renew the lease. If the landlord consents in writing to the tenant staying, it becomes a tenancy at will.

Verified Source: Fla. Stat. § 83.04 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page

What happens to the lease when a tenant dies in Florida?

A landlord can recover possession when the last remaining tenant has died, belongings remain, rent is unpaid, at least 60 days have passed since the death, and the landlord has no written notice of a probate estate or personal representative. This doesn't apply to federally regulated housing.

Verified Source: Fla. Stat. § 83.59(3)(d) · last checked 2026-10-15 · Full death of a tenant page

Can a tenant sublet an apartment in Florida?

A search of the full text of Florida Statutes ch. 83 found no rule on subletting or assignment of a residential lease. The lease controls.

Verified Source: Fla. Stat. ch. 83 (searched in full) · last checked 2026-10-15 · Full subletting & assignment page

Can a tenant fix something and deduct it from rent in Florida?

A search of the full text of Florida Statutes ch. 83 found no repair-and-deduct remedy. The tenant's remedy is written notice followed by withholding rent or ending the lease under § 83.60 and § 83.56.

Verified Source: Fla. Stat. ch. 83 (searched in full) · last checked 2026-10-15 · Full repair and deduct page

Can a landlord refuse Section 8 or other source of income in Florida?

Source of income is not a protected class in Florida's Fair Housing Act. Section 760.23 bars rental discrimination because of race, color, national origin, sex, disability, familial status or religion.

Verified Source: Fla. Stat. § 760.23 · last checked 2026-10-15 · Full source of income discrimination page

Does a landlord have to provide smoke and carbon monoxide detectors in Florida?

Unless otherwise agreed in writing, the landlord of a single-family home or duplex must install working smoke detection devices at the start of the tenancy.

Verified Source: Fla. Stat. § 83.51(2)(b) · last checked 2026-10-15 · Full smoke & co detectors page

What is the pet deposits/fees & service/esa animals rule in Florida?

Pet deposits count as "deposit money", so they follow the same holding and return rules as security deposits (§ 83.49). Ch. 83 sets no separate cap on pet deposits.

Verified Source: Fla. Stat. §§ 83.43(4), 83.49; ch. 83 searched in full · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page

What is the eviction record sealing rule in Florida?

A search of the full text of Fla. Stat. ch. 83 (§§ 83.41 et seq.), which includes the state's residential eviction procedure, found no provision for sealing or expunging eviction records. Court rules, which this site has not reviewed, may still allow it.

Verified Source: Fla. Stat. ch. 83 (§§ 83.41 et seq.) (searched in full) · last checked 2026-10-15 · Full eviction record sealing page

What is the tenant relocation assistance rule in Florida?

A search of the full text of Fla. Stat. ch. 83 (§§ 83.41 et seq.) found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Verified Source: Fla. Stat. ch. 83 (§§ 83.41 et seq.) (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page

What is the rent receipts, payment methods & cash rule in Florida?

A search of the full text of Fla. Stat. ch. 83 (§§ 83.41 et seq.) found no rule requiring rent receipts, requiring or banning any payment method, or limiting payment fees. Unless otherwise agreed, rent is due at the time and place the parties agreed.

Verified Source: Fla. Stat. ch. 83 (§§ 83.41 et seq.) (searched in full) · last checked 2026-10-15 · Full rent receipts, payment methods & cash page

What is the condo conversion protections rule in Florida?

When rental housing is converted to condominiums, a tenant who has lived there at least 180 days can extend an expiring lease on the same terms for up to 270 days after the conversion notice. Other tenants can extend for up to 180 days. The tenant must tell the developer in writing within 45 days of the notice.

Verified Source: Fla. Stat. § 718.606 · last checked 2026-10-15 · Full condo conversion protections page

How much does it cost to file an eviction in Florida?

$180. The county court clerk's filing fee for a removal of tenant (eviction) action is $180.

Verified Source: Fla. Stat. § 34.041(1)(a)8. · last checked 2026-10-15 · Full eviction filing fees page

What is the deposit bank holding / separate account rule in Florida?

The landlord must keep deposits in a separate account at a Florida financial institution, which can be non-interest-bearing or interest-bearing, or post a surety bond instead. Code text: "Hold the total amount of such money in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants."

Verified Source: Fla. Stat. § 83.49(1) · last checked 2026-10-16 · Full deposit bank holding / separate account page

What is the right to cure / redeem rule in Florida?

Yes, for curable lease violations such as unauthorized pets or guests: the tenant has 7 days after the written notice is delivered to fix the problem. Code text: "if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof."

Verified Source: Fla. Stat. § 83.56(2)(b) · last checked 2026-10-16 · Full right to cure / redeem page

What is the eviction notices for other grounds (lease violation, no-fault) rule in Florida?

For a violation that cannot be cured (such as intentional damage) or a repeat within 12 months of a warning, the landlord may give a notice ending the lease, and the tenant has 7 days to move out. Code text: "the tenant shall have 7 days from the date that the notice is delivered to vacate the premises."

Verified Source: Fla. Stat. § 83.56(2)(a) · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page

What is the scra / military lease termination rule in Florida?

A servicemember may end a lease with written notice effective at least 30 days after the landlord gets it, for qualifying events such as PCS orders 35 or more miles away or a premature or involuntary discharge. Code text: "Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice which is at least 30 days after the landlord’s receipt of the notice."

Verified Source: Fla. Stat. § 83.682(1) · last checked 2026-10-16 · Full scra / military lease termination page

What is the military lease termination (federal scra, all states) rule in Florida?

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."

Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page

What are the Airbnb / short-term rental rules in Florida?

Local governments may not ban vacation rentals or regulate how long or how often they are rented, except for local rules adopted on or before June 1, 2011. Other state lodging rules (licensing, taxes, inspections) still apply. Statute text: "A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning " (Fla. Stat. § 509.032(7)(b)).

Verified Source: Fla. Stat. § 509.032(7)(b) · last checked 2026-10-16 · Full short-term rentals (airbnb) page

What rights does a tenant have after foreclosure in Florida?

Florida's Protecting Tenants at Foreclosure Act requires the post-foreclosure successor to give any bona fide tenant at least 90 days' notice to vacate, and generally lets a bona fide lease run to the end of its term (with a limited owner-occupancy exception). Statute text: "The successor in interest providing a notice to vacate to any bona fide tenant at least 90 days before the effective date of the notice; and (b) The rights of any bona fide tenant: 1. Under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject" (Fla. Stat. § 83.5615).

Verified Source: Fla. Stat. § 83.5615 · last checked 2026-10-16 · Full foreclosure tenant protections page

What is the rental / transient occupancy tax rule in Florida?

Florida state transient rentals tax is 6% of the total rent charged for short-term living quarters in hotels, apartments, rooming houses, RV parks, condominiums and similar facilities. Continuous written leases longer than 6 months are generally not this taxable privilege; counties may also levy tourist development taxes. Statute text: "For the exercise of such taxable privilege, a tax is hereby levied in an amount equal to 6 percent of and on the total rental charged for such living quarters or sleeping or housekeeping accommodations by the person charging or collecting the rental" (Fla. Stat. § 212.03(1)(a)).

Verified Source: Fla. Stat. § 212.03(1)(a) · last checked 2026-10-16 · Full rental / transient occupancy tax page

Can a landlord deny a tenant for criminal or credit history in Florida?

Florida preempts local regulation of residential tenancies, expressly including "the screening process used by a landlord in approving tenancies" (Fla. Stat. § 83.425). Florida's Residential Landlord and Tenant Act (Fla. Stat. ch. 83 Part II, read in full on 2026-10-16) does not itself set statewide lookback limits or ban-the-box rules for applicants' criminal or credit history; federal fair-housing and FCRA rules still apply. (Separate employee-background rules for certain public-lodging apartments are not tenant-applicant screening rules.)

Verified Source: Fla. Stat. § 83.425; Fla. Stat. ch. 83 Part II · last checked 2026-10-16 · Full criminal & credit history rules page

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