Florida Landlord-Tenant Law
The rules for renting in Florida — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Florida
- Security deposit limit
- No statutory cap on the amount of a security deposit. Fla. Stat. § 83.49
- Deposit return deadline
- 15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice. Fla. Stat. § 83.49(3)(a)-(b)
- Notice for unpaid rent
- 3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. Fla. Stat. § 83.56(3)
- Ending a month-to-month lease
- At least 30 days' written notice before the end of any monthly period, by either landlord or tenant. Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Fla. Stat. § 83.57(3)
- Landlord entry notice
- For repairs, at least 24 hours' notice and entry between 7:30 a.m. and 8:00 p.m. No notice needed in an emergency, if the tenant unreasonably withholds consent, or if the tenant is absent for half the rental period. Landlord may not abuse access to harass the tenant. Fla. Stat. § 83.53
- Rent control / increase limits
- Local rent control is prohibited. Counties and municipalities may not adopt or maintain any measure that would control rents; residential tenancy regulation is preempted to the state. Fla. Stat. §§ 125.0103(2), 83.425
Last verified against official sources: 2026-10-22
Security Deposits in Florida
| Security deposit limit | No statutory cap on the amount of a security deposit. Landlords may offer a fee in lieu of a security deposit (optional for tenant) for leases entered or renewed on or after July 1, 2023 (§ 83.491, ch. 2023-181). Source: Fla. Stat. § 83.49 |
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| Deposit return deadline | 15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice. E-mail notice option added by ch. 2025-16. Source: Fla. Stat. § 83.49(3)(a)-(b) |
| Itemized deductions | Written notice of intention to impose a claim, stating the amount and reason, sent within 30 days of termination in the statutory form; tenant has 15 days after receipt to object in writing. Source: Fla. Stat. § 83.49(3)(a)-(b) |
| Interest on deposits | Not required if held in a separate non-interest-bearing Florida account. If held in an interest-bearing account, tenant gets at least 75% of the annualized average interest or 5% simple interest (landlord's choice); if the landlord posts a surety bond instead, tenant gets 5% simple interest. Landlord must disclose how the deposit is held in the lease or within 30 days of receipt (landlords with fewer than 5 units exempt) (§ 83.49(2)). Source: Fla. Stat. § 83.49(1) |
| Penalty for withholding | If the landlord fails to send the 30-day notice, the landlord forfeits the right to impose a claim on the deposit (may still sue separately for damages after returning it). No statutory double/treble penalty. Prevailing-party attorney's fees provision in § 83.49(3)(c) not separately quoted. Source: Fla. Stat. § 83.49(3)(a) |
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Eviction in Florida
| Notice for unpaid rent | 3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. If the landlord accepts partial rent after posting the notice, it must give a receipt, deposit the partial rent in the court registry, or post a new 3-day notice (§ 83.56(5)(a)). The 2026 amendment to § 83.56 (ch. 2026-143) did not change the 3-day nonpayment notice. Source: Fla. Stat. § 83.56(3) |
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| Notice for lease violations | Curable violations: 7-day notice to cure (repeat within 12 months allows eviction without another chance). Non-curable violations (e.g., intentional damage, continued unreasonable disturbance, and, from October 1, 2026, fraudulent entry of the unit using false identity statements, forged documents or impersonation): 7-day notice to vacate with no cure. Fraudulent entry was added as a non-curable violation by ch. 2026-143 (CS/HB 1293, effective October 1, 2026), which also made it a third-degree felony (§ 817.537). The landlord may terminate whether or not criminal charges have been filed. |
| Lockouts & utility shutoffs | Landlord may not interrupt utilities (water, heat, light, electricity, gas, elevator, garbage, refrigeration), change locks or use a bootlock, remove doors/windows/locks, or remove the tenant's property except after surrender, abandonment, or lawful eviction. Tenant recovers the greater of actual and consequential damages or 3 months' rent, plus costs and attorney's fees. Violation is irreparable harm for injunctive relief (§ 83.67(7)). Source: Fla. Stat. § 83.67 |
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Notice to Vacate in Florida
| Ending a month-to-month lease | At least 30 days' written notice before the end of any monthly period, by either landlord or tenant. Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Changed from 15 to 30 days by ch. 2023-314. The FDACS consumer page still says 15 days; the statute controls. Source: Fla. Stat. § 83.57(3) |
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Landlord Entry in Florida
| Landlord entry notice | For repairs, at least 24 hours' notice and entry between 7:30 a.m. and 8:00 p.m. No notice needed in an emergency, if the tenant unreasonably withholds consent, or if the tenant is absent for half the rental period. Landlord may not abuse access to harass the tenant. Source: Fla. Stat. § 83.53 |
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Repairs & Habitability in Florida
| Repair and deduct | No statutory repair-and-deduct remedy for residential tenants. Tenant remedies are termination after 7 days' written notice (§ 83.56(1)) or withholding as a defense (§ 83.60). Source: Fla. Stat. §§ 83.56(1), 83.60 |
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| Withholding rent | Allowed as a defense: tenant may withhold rent if the landlord materially fails to maintain the unit under § 83.51(1), but only after 7 days have passed since the tenant gave written notice specifying the problem and stating the intent to withhold. Court may reduce rent by the reduced value. In an eviction, a tenant raising any defense other than payment must deposit the alleged rent into the court registry within 5 days (excluding weekends and holidays) or lose the defense. Source: Fla. Stat. § 83.60(1)(b), (2) |
| Retaliation protection | Landlord may not discriminatorily raise rent, reduce services, or sue/threaten to sue for possession primarily because the tenant in good faith complained to a government agency about code violations, organized or joined a tenant organization, complained to the landlord under § 83.56(1), exercised servicemember termination rights, paid an association after demand, or exercised fair housing rights. No statutory presumption period. Not a defense if the eviction is for good cause such as nonpayment or lease violations. Source: Fla. Stat. § 83.64 |
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Rent Increases & Late Fees in Florida
| Rent control / increase limits | Local rent control is prohibited. Counties and municipalities may not adopt or maintain any measure that would control rents; residential tenancy regulation is preempted to the state. § 83.425 broad preemption added by ch. 2023-314 (https://www.flsenate.gov/Laws/Statutes/2025/Chapter83/All). |
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| Late fees | No statutory cap or grace period for residential late fees. No residential late-fee provision found in Part II (the 83.808 late-fee rule applies only to self-storage). Source: Fla. Stat. Ch. 83 Part II |
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Breaking a Lease in Florida
| Ending a lease: domestic violence | No statute — the Florida Residential Landlord and Tenant Act contains no domestic-violence lease-termination right; lease terms and federal VAWA (covered housing only) govern. Checked the 2026 chapter table of contents and text. |
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| Ending a lease: military, medical, death | Servicemembers may end a lease with at least 30 days' written notice, with a copy of orders or a commanding officer's verification, for: permanent change of station 35+ miles away; early or involuntary discharge/release; release from active duty when the rental is 35+ miles from the home of record; orders or eligibility to move into government quarters; temporary duty or state active-duty orders over 60 days to 35+ miles away; or changed orders before move-in. Tenant owes only prorated rent to the termination date (nothing if terminated 14+ days before occupancy). If a servicemember dies on active duty, an adult immediate family member may terminate the same way with the death certificate. Cannot be waived. No statute for medical, senior, or general tenant-death termination (the landlord may recover possession after the last tenant's death under § 83.59(3)(d)). Applies to state active duty as well as federal service; broader than SCRA (e.g., 35-mile triggers). Source: Fla. Stat. § 83.682 |
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Squatters & Abandoned Property in Florida
| Squatters / unauthorized occupants | Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Created by ch. 2024-44 (HB 621, eff. July 1, 2024). Ch. 2025-112 (CS/CS/SB 322, eff. July 1, 2025) changed the perjury reference in the complaint form to § 92.525 and created a similar sheriff-removal remedy for commercial property (§ 82.037); ch. 2026-14 (reviser's bill) only conformed the form's style. Neither changed the residential procedure described here. Related criminal provisions enacted by ch. 2024-44 (e.g., false-lease and property-damage offenses) were not separately verified. Source: Fla. Stat. § 82.036 |
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| Belongings left behind | After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. Ch. 715 at https://www.flsenate.gov/Laws/Statutes/2026/Chapter715/All. Removing a tenant's property outside these situations makes the landlord liable for actual damages or 3 months' rent, whichever is greater (§ 83.67(6)). |
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Rental Fees in Florida
| Application / screening fees | No statute caps or regulates residential rental application or screening fees. Since 2023, local governments are preempted from regulating rental applications, screening and application fees. § 83.425 added by ch. 2023-314. Servicemember applicants have special rules on rental applications (§ 83.683). No portable-screening-report statute found. Source: Fla. Stat. § 83.425 |
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| Other rental fees | No general statutory cap on late fees or other rental fees. Specific rules: an optional fee in lieu of a security deposit requires written disclosures (including that the tenant may choose a deposit instead at any time); liquidated damages for failing to give end-of-lease notice require a landlord notice that lists all fees, penalties and charges. Local fee regulation is preempted. No total-cost-of-rent or online-payment-fee statute found in Part II of ch. 83. |
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Section 8, Records & Right to Counsel in Florida
| Section 8 / source of income | No. The Florida Fair Housing Act's protected classes are race, color, national origin, sex, disability, familial status and religion; source of income is not included. Some local ordinances have had source-of-income protections; § 83.425 (2023) preempts local regulation of screening and tenancy matters, and the effect on those ordinances was not verified. Source: Fla. Stat. § 760.23 |
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| Eviction record sealing | No statute — chapter 83 has no eviction-record sealing or masking provision. Court-rule or general record-sealing procedures were not reviewed. Source: Fla. Stat. ch. 83 |
| Right to a lawyer in eviction | No statute — no statewide right to counsel in eviction cases. Source: Fla. Stat. ch. 83 |
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Mold, Pests, Heat & AC in Florida
| Mold | No statute — Florida has no mold-specific landlord-tenant statute. Mold is handled under the landlord's general duty to comply with applicable building, housing, and health codes (or, where none apply, to keep structural components and plumbing in good repair). No mold disclosure or remediation standard in Chapter 83. Whether mold violates the landlord's duty depends on local codes and the facts. Florida does require a separate radon disclosure in rental agreements (s. 404.056), which is not a mold rule. Source: Fla. Stat. § 83.51(1) |
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| Pests & bed bugs | For units other than a single-family home or duplex, unless otherwise agreed in writing, the landlord must make reasonable provisions for extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. If the tenant must temporarily vacate for extermination, the landlord must give 7 days' written notice (in person, by mail, or by e-mail under s. 83.505), must abate rent, and the tenant cannot be required to vacate more than 4 days; the landlord is not liable for other damages. For single-family homes and duplexes, pest duties depend on the lease and local codes. Section 83.51 was amended in 2025 (ch. 2025-16), including the e-mail notice option. The landlord is not responsible for conditions caused by the tenant, family, or guests (§ 83.51(4)). No bed-bug disclosure statute. Source: Fla. Stat. § 83.51(2)(a)1. |
| Heat | Yes, for units other than single-family homes and duplexes (unless otherwise agreed in writing): the landlord must make reasonable provisions for functioning facilities for heat during winter, plus running water and hot water. No minimum temperature or heating season is set by state statute. The lease may make the tenant pay for fuel or utilities (§ 83.51(2)(e)). Local housing codes may set temperature standards. Noncompliance with subsection (2) cannot be raised as a defense to an eviction for possession (§ 83.51(2)(c)). Source: Fla. Stat. § 83.51(2)(a)5. |
| Air conditioning | No statute — Florida law does not require landlords to provide air conditioning or set a maximum indoor temperature. If the lease or unit includes A/C, local codes and the lease govern repair. Some local codes address cooling equipment that is provided; check your county or city code. Source: Fla. Stat. § 83.51 |
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Privacy, Guests & Animals in Florida
| Cameras & privacy | No landlord-specific statute. Secretly recording a person dressing, undressing, or privately exposing the body where there is a reasonable expectation of privacy is the crime of digital voyeurism; intercepting oral communications without all parties' consent is generally a crime under Florida's wiretap law (audio recording). The landlord may enter only as allowed by § 83.53 and may not abuse access or use it to harass the tenant. Section 810.145 was renamed and amended in 2024 (ch. 2024-132). Visible cameras in common areas are not specifically regulated by state statute. Wiretap statute: https://www.flsenate.gov/Laws/Statutes/2026/934.03 |
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| Guests & occupants | No statute — the lease governs guest limits, occupancy, and roommates. Chapter 83 defines 'transient occupancy' (temporary by intent of the parties) but does not set guest rules or a roommate right. Unauthorized occupants who are not tenants may be removed under the separate unlawful-occupant procedure in § 82.036. Occupancy limits come from local codes and federal fair-housing standards, not Chapter 83. The landlord is not liable for conditions caused by persons on the premises with the tenant's consent (§ 83.51(4)). Source: Fla. Stat. § 83.43(18); § 82.036 |
| Service & support animals (state law) | Florida's ESA law (2020) requires housing providers, to the extent federal law requires, to allow emotional support animals as a reasonable accommodation without extra compensation. If the disability or need is not readily apparent, the provider may request reliable information (e.g., from a health care practitioner or telehealth provider with personal knowledge; out-of-state practitioners only if they provided in-person care at least once), may require proof of licensing and vaccination, and may not demand diagnosis, medical records, a specific form, or a notarized statement. Internet ESA registrations/ID cards alone are not sufficient. Tenants are liable for damage caused by the animal. Falsifying ESA documentation or misrepresenting a need is a second-degree misdemeanor plus 30 hours of community service; misrepresenting a service animal is likewise penalized. Service animals: no extra compensation may be required, tenant is liable for damage, and proof of vaccination may be requested (§ 413.08(6)(b)). Misrepresentation statute: https://www.flsenate.gov/Laws/Statutes/2026/817.265 |
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How eviction works in Florida
Eviction cases are heard in: County Court (summary procedure under Fla. Stat. § 51.011).
- 3-day notice to pay or vacate (nonpayment) or 7-day notice (lease violations) or 30-day notice (month-to-month)
- Landlord files complaint for possession in county court; tenant served with summons
- Tenant files a written answer within 5 days after service and, for any defense other than payment, deposits the alleged rent into the court registry
- If tenant fails to answer or deposit rent, default judgment and immediate writ of possession; otherwise hearing
- Judgment for possession; clerk issues writ of possession
- Sheriff posts 24-hour notice (weekends/holidays do not extend it), then puts landlord in possession; landlord may remove property to the property line
Answer due within 5 days after service of process (§ 51.011(1)); rent must be deposited into the registry within 5 days excluding weekends and legal holidays (§ 83.60(2)).
Source: Fla. Stat. §§ 51.011, 83.56, 83.59-83.62
What surprises people about Florida rental law
- Statewide preemption: cities and counties cannot pass their own landlord-tenant or rent control rules (Fla. Stat. §§ 83.425, 125.0103)
- Month-to-month notice doubled from 15 to 30 days in 2023 (Fla. Stat. § 83.57, ch. 2023-314)
- A tenant who wants to fight a nonpayment eviction on any ground other than 'I paid' must deposit the rent with the court, or lose by default (Fla. Stat. § 83.60(2))
- Landlords may offer a monthly fee in place of a security deposit, but cannot require it (Fla. Stat. § 83.491)
- Sheriff's eviction notice is only 24 hours and is not extended by weekends or holidays (Fla. Stat. § 83.62)
- Notices may be sent by e-mail if the tenant agreed in writing (Fla. Stat. §§ 83.505, 83.56(4), ch. 2025-16)
Federal law that also applies in Florida
These federal rules apply on top of Florida law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Florida
These cities add their own tenant protections on top of state law:
- Jacksonville landlord-tenant rules
- Miami landlord-tenant rules
- Orlando landlord-tenant rules
- St. Petersburg landlord-tenant rules
- Tampa landlord-tenant rules
Eviction by county in Florida
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Miami-Dade County (Miami)
- Eviction in Broward County (Fort Lauderdale)
- Eviction in Orange County (Orlando)
- Eviction in Hillsborough County (Tampa)
- Eviction in Palm Beach County (West Palm Beach)
- Eviction in Duval County (Jacksonville)
- Eviction in Pinellas County (St. Petersburg / Clearwater)
- Eviction in Polk County (Lakeland)
- Eviction in Lee County (Fort Myers)
- Eviction in Volusia County (Daytona Beach)
- Eviction in Seminole County (Sanford)
- Eviction in Brevard County (Melbourne)
- Eviction in Leon County (Tallahassee)
- Eviction in Pasco County (New Port Richey)
- Eviction in Alachua County (Gainesville)
- Eviction in Osceola County (Kissimmee)
- Eviction in Sarasota County (Sarasota)
- Eviction in Escambia County (Pensacola)
- Eviction in Manatee County (Bradenton)
- Eviction in Collier County (Naples)
- Eviction in Marion County (Ocala)
- Eviction in Lake County (Tavares)
- Eviction in St. Lucie County (Port St. Lucie)
For landlords
How to evict a tenant in Florida — steps, cost, timeline and forms.
Common Florida questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Florida compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Florida | No statutory cap on the amount of a security deposit. Fla. Stat. § 83.49 | 15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice. Fla. Stat. § 83.49(3)(a)-(b) | 3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. Fla. Stat. § 83.56(3) |
| Alabama | One month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises. Ala. Code § 35-9A-201(a) | Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given. Ala. Code § 35-9A-201(b)-(e) | Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. Ala. Code § 35-9A-421(b) |
| Georgia | 2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392) | Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. O.C.G.A. § 44-7-34(a) | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) |
Florida landlord-tenant FAQ
How much can a landlord charge for a security deposit in Florida?
No statutory cap on the amount of a security deposit. (Fla. Stat. § 83.49)
How long does a landlord have to return a security deposit in Florida?
15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice. (Fla. Stat. § 83.49(3)(a)-(b))
Does a landlord have to pay interest on a security deposit in Florida?
Not required if held in a separate non-interest-bearing Florida account. If held in an interest-bearing account, tenant gets at least 75% of the annualized average interest or 5% simple interest (landlord's choice); if the landlord posts a surety bond instead, tenant gets 5% simple interest. (Fla. Stat. § 83.49(1))
Does a landlord in Florida have to give an itemized list of deposit deductions?
Written notice of intention to impose a claim, stating the amount and reason, sent within 30 days of termination in the statutory form; tenant has 15 days after receipt to object in writing. (Fla. Stat. § 83.49(3)(a)-(b))
What happens if a landlord in Florida wrongfully keeps a security deposit?
If the landlord fails to send the 30-day notice, the landlord forfeits the right to impose a claim on the deposit (may still sue separately for damages after returning it). No statutory double/treble penalty. (Fla. Stat. § 83.49(3)(a))
How much notice does a landlord have to give before evicting for unpaid rent in Florida?
3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. (Fla. Stat. § 83.56(3))
How much notice is required to evict for a lease violation in Florida?
Curable violations: 7-day notice to cure (repeat within 12 months allows eviction without another chance). Non-curable violations (e.g., intentional damage, continued unreasonable disturbance, and, from October 1, 2026, fraudulent entry of the unit using false identity statements, forged documents or impersonation): 7-day notice to vacate with no cure. (Fla. Stat. § 83.56(2); § 817.537; ch. 2026-143, Laws of Fla.)
How much notice is needed to end a month-to-month lease in Florida?
At least 30 days' written notice before the end of any monthly period, by either landlord or tenant. Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. (Fla. Stat. § 83.57(3))
Can a landlord enter without notice in Florida?
For repairs, at least 24 hours' notice and entry between 7:30 a.m. and 8:00 p.m. No notice needed in an emergency, if the tenant unreasonably withholds consent, or if the tenant is absent for half the rental period. Landlord may not abuse access to harass the tenant. (Fla. Stat. § 83.53)
Is there a limit on late fees in Florida?
No statutory cap or grace period for residential late fees. (Fla. Stat. Ch. 83 Part II)
Can a tenant repair and deduct from rent in Florida?
No statutory repair-and-deduct remedy for residential tenants. (Fla. Stat. §§ 83.56(1), 83.60)
Can a tenant withhold rent for repairs in Florida?
Allowed as a defense: tenant may withhold rent if the landlord materially fails to maintain the unit under § 83.51(1), but only after 7 days have passed since the tenant gave written notice specifying the problem and stating the intent to withhold. Court may reduce rent by the reduced value. In an eviction, a tenant raising any defense other than payment must deposit the alleged rent into the court registry within 5 days (excluding weekends and holidays) or lose the defense. (Fla. Stat. § 83.60(1)(b), (2))
Can a landlord retaliate against a tenant for complaining in Florida?
Landlord may not discriminatorily raise rent, reduce services, or sue/threaten to sue for possession primarily because the tenant in good faith complained to a government agency about code violations, organized or joined a tenant organization, complained to the landlord under § 83.56(1), exercised servicemember termination rights, paid an association after demand, or exercised fair housing rights. No statutory presumption period. Not a defense if the eviction is for good cause such as nonpayment or lease violations. (Fla. Stat. § 83.64)
Is there rent control or a limit on rent increases in Florida?
Local rent control is prohibited. Counties and municipalities may not adopt or maintain any measure that would control rents; residential tenancy regulation is preempted to the state. (Fla. Stat. §§ 125.0103(2), 83.425)
Can a landlord change the locks or shut off utilities in Florida?
Landlord may not interrupt utilities (water, heat, light, electricity, gas, elevator, garbage, refrigeration), change locks or use a bootlock, remove doors/windows/locks, or remove the tenant's property except after surrender, abandonment, or lawful eviction. Tenant recovers the greater of actual and consequential damages or 3 months' rent, plus costs and attorney's fees. (Fla. Stat. § 83.67)
What is the small claims court limit in Florida for a deposit dispute?
$8,000 (exclusive of costs, interest, and attorney's fees) (Fla. Sm. Cl. R. 7.010(b) (July 1, 2026 edition))
How do you remove a squatter in Florida?
Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. (Fla. Stat. § 82.036)
What can a landlord do with a tenant's abandoned property in Florida?
After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. (Fla. Stat. §§ 83.62(2), 83.67(5), 715.104, 715.109)
Is there a limit on rental application fees in Florida?
No statute caps or regulates residential rental application or screening fees. Since 2023, local governments are preempted from regulating rental applications, screening and application fees. (Fla. Stat. § 83.425)
What rental fees are banned or limited in Florida?
No general statutory cap on late fees or other rental fees. Specific rules: an optional fee in lieu of a security deposit requires written disclosures (including that the tenant may choose a deposit instead at any time); liquidated damages for failing to give end-of-lease notice require a landlord notice that lists all fees, penalties and charges. Local fee regulation is preempted. (Fla. Stat. §§ 83.425, 83.491, 83.575(2))
Can a domestic violence survivor break a lease in Florida?
No statute — the Florida Residential Landlord and Tenant Act contains no domestic-violence lease-termination right; lease terms and federal VAWA (covered housing only) govern. (Fla. Stat. ch. 83, part II (§§ 83.40-83.684))
When can a tenant break a lease without penalty in Florida?
Servicemembers may end a lease with at least 30 days' written notice, with a copy of orders or a commanding officer's verification, for: permanent change of station 35+ miles away; early or involuntary discharge/release; release from active duty when the rental is 35+ miles from the home of record; orders or eligibility to move into government quarters; temporary duty or state active-duty orders over 60 days to 35+ miles away; or changed orders before move-in. Tenant owes only prorated rent to the termination date (nothing if terminated 14+ days before occupancy). If a servicemember dies on active duty, an adult immediate family member may terminate the same way with the death certificate. Cannot be waived. No statute for medical, senior, or general tenant-death termination (the landlord may recover possession after the last tenant's death under § 83.59(3)(d)). (Fla. Stat. § 83.682)
Can an eviction record be sealed or removed in Florida?
No statute — chapter 83 has no eviction-record sealing or masking provision. (Fla. Stat. ch. 83)
Can a landlord refuse Section 8 vouchers in Florida?
No. The Florida Fair Housing Act's protected classes are race, color, national origin, sex, disability, familial status and religion; source of income is not included. (Fla. Stat. § 760.23)
Do tenants have a right to a free lawyer in eviction cases in Florida?
No statute — no statewide right to counsel in eviction cases. (Fla. Stat. ch. 83)
What does a Florida notice to pay rent or quit have to include?
Written 3-day demand for rent or possession (excluding Saturdays, Sundays and court-observed legal holidays), substantially in the statutory form: 'You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ___ day of ___, (year),' followed by the landlord's name, address and phone number. Delivery: mail, hand delivery of a true copy, e-mail under § 83.505 (if agreed in writing), or, if the tenant is absent, leaving a copy at the residence. Cannot be waived in the lease. (Fla. Stat. § 83.56(3)-(4))
What does a Florida notice to end a month-to-month tenancy have to include?
Written notice by either party given not less than 30 days before the end of a monthly rental period (7 days for week-to-week, 30 days for quarter-to-quarter, 60 days for year-to-year), delivered the same ways as other notices: mail, hand delivery, e-mail per § 83.505, or leaving a copy at the residence if the tenant is absent. No required wording. For fixed-term leases, a lease may require 30-60 days' end-of-term notice only if it binds the landlord to the same notice. (Fla. Stat. §§ 83.57, 83.575, 83.56(4))
What must a Florida security deposit itemization include?
If claiming any part of the deposit, within 30 days after the lease ends, written notice by certified mail to the tenant's last known mailing address (or e-mail under § 83.505) stating the amount and reason, substantially in this form: 'This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to ___. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address).' If no claim, return the deposit (with any required interest) within 15 days. (Fla. Stat. § 83.49(3)(a))
How long does a landlord have to sue for unpaid rent in Florida?
5 years for an action on a written contract (including a written lease); 4 years for a contract not founded on a written instrument (oral lease). (Fla. Stat. § 95.11(2)(b), (3)(j))
Can a landlord accept rent during an eviction in Florida?
Yes, as a rule. A landlord who accepts rent with actual knowledge of the tenant's noncompliance waives the right to terminate or sue for that noncompliance (but not for later or continuing noncompliance). Accepting the full past-due rent, knowing of the nonpayment, waives the right to evict for that unpaid rent. Accepting PARTIAL rent does not waive, but if partial rent is accepted after the 3-day notice is posted, the landlord must (1) give a receipt showing the date, amount, agreed date and balance due, (2) deposit the partial payment into the court registry when filing, or (3) post a new 3-day notice for the new amount. For government rent subsidies, waiver occurs only if no action is filed within 45 days after the landlord learns of the noncompliance. (Fla. Stat. §§ 83.56(5)(a), (c); 83.202)
Can you be evicted in the winter in Florida?
No statute — Florida has no cold-weather or winter limit on evictions in its landlord-tenant law (Fla. Stat. ch. 83, Part II). Separately, a landlord may never cut off a tenant's utilities to force them out, in any season (§ 83.67(1)). (Fla. Stat. ch. 83, Part II; § 83.67(1))
Can a landlord give notice by text or email in Florida?
Statutory notices to the tenant (3-day rent notice, 7-day cure/termination notices) must be delivered by mail, by handing over a true copy, by e-mail under § 83.505, or, if the tenant is away from the premises, by leaving a copy at the residence. E-mail notice (since 2025) is allowed only if both parties signed a lease addendum agreeing to e-mail notices and each gave an e-mail address. The addendum must say the choice is voluntary and can be revoked or updated. An e-mailed notice counts as delivered when sent unless it bounces, and the sender must keep a copy and proof of sending. Termination notices for month-to-month and other periodic tenancies use the same delivery methods. (Fla. Stat. §§ 83.56(4), 83.505, 83.57)
How much notice is required for a rent increase in Florida?
No statute — Florida law sets no specific advance-notice period for rent increases. In practice the rent on a periodic tenancy can be changed only by ending the tenancy with the required notice: 30 days before the end of a monthly period for month-to-month (raised from 15 days in 2023), 7 days for week-to-week, 30 days for quarter-to-quarter, and 60 days for year-to-year. During a fixed-term lease, the rent is whatever the lease says. Since 2023, state law preempts local rules on landlord-tenant notice requirements. (Fla. Stat. §§ 83.57, 83.425)
Does a landlord have to give a copy of the lease in Florida?
There is no general statute requiring the landlord to hand over a signed copy of the lease. Required disclosures: (1) at or before the tenancy starts, the name and address of the landlord or the person authorized to receive notices (§ 83.50); (2) written notice within 30 days of receiving a deposit or advance rent, stating how and where it is held (§ 83.49(2)); (3) since 2025, a separate flood-risk disclosure at or before signing a lease of 1 year or longer (§ 83.512). (Fla. Stat. §§ 83.50, 83.49(2), 83.512)
What are tenants' rights in a foreclosure in Florida?
Florida's own Protecting Tenants at Foreclosure Act (§ 83.5615) copies the federal PTFA: a 90-day notice to vacate, and bona fide leases are honored to the end of the term unless the buyer will live in the unit. But it takes effect only if the federal PTFA is repealed. Since the federal law is in force, the federal PTFA is what currently applies. No other Florida tenant foreclosure protection was found in ch. 83. (Fla. Stat. § 83.5615 (ch. 2020-99))
Does a landlord have to fix mold in Florida?
No statute — Florida has no mold-specific landlord-tenant statute. Mold is handled under the landlord's general duty to comply with applicable building, housing, and health codes (or, where none apply, to keep structural components and plumbing in good repair). (Fla. Stat. § 83.51(1))
Who pays for pest control and bed bugs in Florida?
For units other than a single-family home or duplex, unless otherwise agreed in writing, the landlord must make reasonable provisions for extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. If the tenant must temporarily vacate for extermination, the landlord must give 7 days' written notice (in person, by mail, or by e-mail under s. 83.505), must abate rent, and the tenant cannot be required to vacate more than 4 days; the landlord is not liable for other damages. For single-family homes and duplexes, pest duties depend on the lease and local codes. (Fla. Stat. § 83.51(2)(a)1.)
Does a landlord have to provide heat in Florida?
Yes, for units other than single-family homes and duplexes (unless otherwise agreed in writing): the landlord must make reasonable provisions for functioning facilities for heat during winter, plus running water and hot water. No minimum temperature or heating season is set by state statute. (Fla. Stat. § 83.51(2)(a)5.)
Does a landlord have to provide air conditioning in Florida?
No statute — Florida law does not require landlords to provide air conditioning or set a maximum indoor temperature. If the lease or unit includes A/C, local codes and the lease govern repair. (Fla. Stat. § 83.51)
What can a landlord deduct from a deposit for cleaning or damage in Florida?
Not defined by statute. Florida's deposit law sets the claim-notice procedure (30-day notice of intent to claim, 15 days for the tenant to object) but does not define normal wear and tear or list allowed deductions for cleaning, painting, or carpet. Deductions must be for damage or other amounts owed under the lease; disputes are decided by a court. (Fla. Stat. § 83.49(3))
Can a landlord put cameras in or around a rental in Florida?
No landlord-specific statute. Secretly recording a person dressing, undressing, or privately exposing the body where there is a reasonable expectation of privacy is the crime of digital voyeurism; intercepting oral communications without all parties' consent is generally a crime under Florida's wiretap law (audio recording). The landlord may enter only as allowed by § 83.53 and may not abuse access or use it to harass the tenant. (Fla. Stat. §§ 810.145; 934.03; 83.53)
Can a landlord limit guests or roommates in Florida?
No statute — the lease governs guest limits, occupancy, and roommates. Chapter 83 defines 'transient occupancy' (temporary by intent of the parties) but does not set guest rules or a roommate right. Unauthorized occupants who are not tenants may be removed under the separate unlawful-occupant procedure in § 82.036. (Fla. Stat. § 83.43(18); § 82.036)
Can a landlord deny a service or emotional support animal in Florida?
Florida's ESA law (2020) requires housing providers, to the extent federal law requires, to allow emotional support animals as a reasonable accommodation without extra compensation. If the disability or need is not readily apparent, the provider may request reliable information (e.g., from a health care practitioner or telehealth provider with personal knowledge; out-of-state practitioners only if they provided in-person care at least once), may require proof of licensing and vaccination, and may not demand diagnosis, medical records, a specific form, or a notarized statement. Internet ESA registrations/ID cards alone are not sufficient. Tenants are liable for damage caused by the animal. Falsifying ESA documentation or misrepresenting a need is a second-degree misdemeanor plus 30 hours of community service; misrepresenting a service animal is likewise penalized. (Fla. Stat. §§ 760.27; 817.265; 413.08(6), (9))
Official resources for Florida
- Florida Statutes Ch. 83 (2026)
- FDACS: Landlord/Tenant Law in Florida (note: still lists 15-day month-to-month notice)
- Florida Small Claims Rules (July 1, 2026)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.