Florida landlord tenant law: the rules a landlord meets

Florida security deposit law

Most you can take

No cap in statuteNo statute sets this

Back to the tenant within

15 daysFla. Stat. § 83.49(3)If the landlord intends to make a claim, written notice by certified mail or e-mail is due within 30 days; the balance is due within 30 days of that notice.

Rent and late fees

Late fee

No statute caps itNo statute sets this

Florida rent increase laws and rent control

Notice before a rent increase

No statutory period confirmedFla. Stat. §§ 83.57, 83.425, 125.0103No statute sets a rent-increase notice; a month-to-month tenancy can be ended on 30 days' notice before the end of a monthly period. Local rent control is barred, and since 2023 all local regulation of residential tenancies, including notice rules, is preempted to the state.

Rent control

Local rent control bannedFla. Stat. §§ 83.57, 83.425, 125.0103

Entering the property: notice to the tenant

Notice before you enter

24 hoursFla. Stat. § 83.53(2)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysFla. Stat. § 83.57(3)Notice must be given at least 30 days before the end of a monthly period.

Unpaid rent

3 court daysFla. Stat. § 83.56(3), (5)“3-day notice to pay rent or deliver possession”Paying in full within the period stops itThree days excluding Saturdays, Sundays and court-observed legal holidays, after delivery. The landlord may terminate only if the default continues past the period, so paying the rent demanded in time ends it; accepting partial rent can waive the notice unless the landlord follows the statute's steps.

Another breach of the lease

7 daysFla. Stat. § 83.56(2)(a), (b)“7-day notice of noncompliance with opportunity to cure”The tenant can fix the breach within the periodCurable breaches must be corrected within 7 days of delivery, and a repeat within 12 months allows filing without a new notice. Serious breaches such as intentional damage or continued unreasonable disturbance get a 7-day notice to vacate with no cure.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsFla. Stat. § 83.67

The Florida eviction process, step by step

Disclosures a Florida lease has to carry

• Disclose in writing, at or before the start of the tenancy, the name and address of the landlord or the person authorized to receive notices. (Fla. Stat. § 83.50)
• Include the statutory radon gas notice on at least one document signed at or before the lease. (Fla. Stat. § 404.056(5))
• In the lease or within 30 days of receiving it, give written notice of where the deposit is held, whether it earns interest, and the statutory deposit disclosure (landlords with 5 or more units). (Fla. Stat. § 83.49(2))
• If offering a fee instead of a security deposit, give the tenant the required written notice of its terms. (Fla. Stat. § 83.491(3))