Florida Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Florida, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Florida. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Florida |
|---|---|
| Where these laws apply | The Florida Residential Landlord and Tenant Act (Part II of Chapter 83) applies to the rental of a dwelling unit. Its matters are preempted to the state, and it supersedes local government regulations on them, including security deposits, rental terms, disclosures, fees charged by the landlord and notice requirements. It does not apply to transient occupancy in a hotel, motel or similar public lodging or in a mobile home park, occupancy by a condominium unit owner or a cooperative proprietary-lease holder, certain buyers under a contract of sale, or residence in a facility incidental to medical, educational or similar services. Fla. Stat. §§ 83.40, 83.41, 83.42, 83.425 |
| Security deposit limit | |
| Where deposits are held | The landlord must either keep deposits and advance rent in a separate account at a Florida financial institution (interest-bearing or not), without mixing them with the landlord's other funds, or post a surety bond. In the lease or within 30 days after receiving the deposit or advance rent, the landlord must give the tenant written notice stating where it is held (or that a surety bond is posted) and whether the tenant is entitled to interest, with a disclosure in words set by statute. This notice does not apply to a landlord who rents fewer than five dwelling units. Fla. Stat. § 83.49(1), (2) |
| Returning the deposit | Within 15 days after the rental agreement ends, with any interest owed, if the landlord makes no claim on the deposit. To make a claim, the landlord must send written notice of the claim and its reason within 30 days, by certified mail to the tenant's last known mailing address or by e-mail under § 83.505. A landlord who misses the 30 days loses the right to claim against the deposit but may sue for damages after returning it. Fla. Stat. § 83.49(3)(a) |
| Deposit deductions | The claim notice must be in substantially the form set by statute, which tells the tenant to object in writing within 15 days of receiving it. If the tenant does not object within those 15 days, the landlord may deduct the claim and must return the balance within 30 days after the date of the notice. A tenant who does not object in time may still sue for damages separately. Fla. Stat. § 83.49(3)(a), (b) |
| Interest on deposits | Depends on how the deposit is held: a separate non-interest-bearing account is allowed. In an interest-bearing account, the tenant receives at least 75% of the account's annualized average interest rate or 5% simple interest a year, whichever the landlord elects. With a surety bond, the landlord pays 5% simple interest a year. Interest owed is paid to the tenant or credited against rent at least once a year. Fla. Stat. § 83.49(1), (9) |
| Landlord entry notice | At least 24 hours' notice to enter for repairs, between 7:30 a.m. and 8:00 p.m. The landlord may enter at any time to protect or preserve the premises. The tenant may not unreasonably refuse entry to inspect, make repairs or improvements, supply agreed services or show the unit. For those purposes the landlord may enter with the tenant's consent, in an emergency, when the tenant unreasonably refuses, or when the tenant has been absent for half the rent period (if the rent is current and the tenant gave notice of the absence, only with consent or to protect or preserve the premises). Fla. Stat. § 83.53 |
| Notice to end a month-to-month lease | For a tenancy from month to month: written notice at least 30 days before the end of any monthly period, by either the landlord or the tenant (week to week: 7 days; quarter to quarter: 30 days; year to year: 60 days). Fla. Stat. § 83.57 |
| Rent-increase notice | No notice period in the Florida Residential Landlord and Tenant Act. A landlord may not discriminatorily raise a tenant's rent primarily to retaliate against the tenant, for example because the tenant complained to a government agency that enforces building, housing or health codes. Fla. Stat. § 83.64(1); Fla. Stat. ch. 83, part II (no provision) |
| Late fees | No limit and no grace period in the Florida Residential Landlord and Tenant Act. Fla. Stat. ch. 83, part II (no provision) |
| Notice for unpaid rent | Written demand for the rent or possession; if the rent is still unpaid 3 days after delivery, not counting Saturdays, Sundays and court-observed holidays, the landlord may end the rental agreement. The notice is mailed, delivered, e-mailed under § 83.505, or left at the residence if the tenant is absent. A rental agreement cannot waive it. Fla. Stat. § 83.56(3), (4) |
| Rent control | Not allowed. Local governments may not adopt or keep in effect any measure that would control rents. Fla. Stat. §§ 125.0103(2), 166.043(2) |
| Required landlord disclosures | In writing at or before the start of the tenancy: the name and address of the landlord or of a person authorized to receive notices and demands. On at least one document signed at or before the rental agreement: a radon gas notice in words set by statute (not required for residential transient occupancy of 45 days or less). For a rental agreement of 1 year or longer: a flood disclosure, in a separate document, at or before signing. A landlord who rents five or more units must also give the deposit notice (see above). Fla. Stat. §§ 83.50, 404.056(5), 83.512(1), 83.49(2) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, national origin, sex, disability, familial status and religion. These are the same classes as the federal list; Florida adds none. Familial-status protection also covers a person who is pregnant or is securing legal custody of a child under 18. Fla. Stat. § 760.23(1), (6); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Florida listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Florida?
No limit set by the Florida Residential Landlord and Tenant Act. See the source in the table above.
How long does a Florida landlord have to return a security deposit?
Within 15 days after the rental agreement ends, with any interest owed, if the landlord makes no claim on the deposit. To make a claim, the landlord must send written notice of the claim and its reason within 30 days, by certified mail to the tenant's last known mailing address or by e-mail under § 83.505. A landlord who misses the 30 days loses the right to claim against the deposit but may sue for damages after returning it. See the source in the table above.
How much notice must a Florida landlord give before entering?
At least 24 hours' notice to enter for repairs, between 7:30 a.m. and 8:00 p.m. The landlord may enter at any time to protect or preserve the premises. The tenant may not unreasonably refuse entry to inspect, make repairs or improvements, supply agreed services or show the unit. For those purposes the landlord may enter with the tenant's consent, in an emergency, when the tenant unreasonably refuses, or when the tenant has been absent for half the rent period (if the rent is current and the tenant gave notice of the absence, only with consent or to protect or preserve the premises). See the source in the table above.
How much notice ends a month-to-month lease in Florida?
For a tenancy from month to month: written notice at least 30 days before the end of any monthly period, by either the landlord or the tenant (week to week: 7 days; quarter to quarter: 30 days; year to year: 60 days). See the source in the table above.
How much notice is required for a rent increase in Florida?
No notice period in the Florida Residential Landlord and Tenant Act. A landlord may not discriminatorily raise a tenant's rent primarily to retaliate against the tenant, for example because the tenant complained to a government agency that enforces building, housing or health codes. See the source in the table above.
How much can a Florida landlord charge for late rent?
No limit and no grace period in the Florida Residential Landlord and Tenant Act. See the source in the table above.
How much notice must a Florida landlord give when rent is unpaid?
Written demand for the rent or possession; if the rent is still unpaid 3 days after delivery, not counting Saturdays, Sundays and court-observed holidays, the landlord may end the rental agreement. The notice is mailed, delivered, e-mailed under § 83.505, or left at the residence if the tenant is absent. A rental agreement cannot waive it. See the source in the table above.
Does Florida have rent control?
Not allowed. Local governments may not adopt or keep in effect any measure that would control rents. See the source in the table above.
Rentals in Florida listed by owners
- $1,750/mo · 3 bd · 2 ba · 1126 Southeast 18th Street, Cape Coral
- $2,350/mo · 3 bd · 2.5 ba · 781 Northwood Circle, Winter Park
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