What a Landlord Cannot Do in Florida
The main limits Florida law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a Florida landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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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| 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 |
| Landlord retaliation | 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 |
| 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 |
| 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) |
| 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 |
| 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). |
| Statewide ban on refusing 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. Source: Fla. Stat. § 760.23 |
| 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 |
| 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. |
Can I sue my landlord in Florida? · All Florida tenant rights
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.