What are the landlord-tenant laws in Florida?
The Florida Residential Landlord and Tenant Act, Part II of chapter 83 of the Florida Statutes, sets the rules for every residential rental in the state, from a single condo to a 300-unit complex. It covers deposits, notices, entry, repairs and eviction, and since 2023 the state has preempted all local regulation of residential tenancies under section 83.425, so a county or city cannot add its own landlord rules on top.
That preemption makes Florida simpler than most states for owners with buildings in several cities. A Miami building and a Jacksonville building follow the same statute. The details still matter, because missing a notice requirement can cost you a deposit claim or restart an eviction.
Florida landlord-tenant rules at a glance
The table lists the numbers Florida apartment owners deal with most often, with the statute for each.
| Rule | Florida requirement | Statute |
|---|---|---|
| Ending a month-to-month tenancy | 30 days’ written notice before the end of a monthly period | s. 83.57(3) |
| Nonpayment of rent | 3 days’ written demand, not counting Saturdays, Sundays or court-observed legal holidays | s. 83.56(3) |
| Other lease violations | 7 days’ notice, with a chance to cure for most breaches and without one for serious or repeated ones | s. 83.56(2) |
| Security deposit cap | None set by statute | s. 83.49 |
| Deposit return, no claim | Within 15 days after the lease ends | s. 83.49(3)(a) |
| Deposit claim notice | Within 30 days, by certified mail or email; tenant has 15 days to object | s. 83.49(3) |
| Late fees | No statutory cap; the amount is set by the lease | Part II, ch. 83 |
| Entry for repairs | At least 24 hours’ notice, between 7:30 a.m. and 8:00 p.m.; emergencies excepted | s. 83.53 |
How much notice does a landlord have to give in Florida?
A Florida landlord must give 30 days’ written notice to end a month-to-month tenancy, delivered before the end of a monthly rental period. The rule changed from 15 days in 2023. Some county clerk pages still say 15 days, but the 2026 text of section 83.57(3) says 30, and that is what a judge will apply.
For unpaid rent, the notice is a 3-day demand for payment or possession. Weekends and court holidays do not count, so a notice served on a Thursday expires at the end of the following Tuesday. For other violations, such as unauthorized occupants or damage, the landlord serves a 7-day notice. Most breaches allow the tenant to cure within those 7 days. Intentional damage or a repeat of the same violation within 12 months allows a 7-day notice with no chance to cure.
Leases for a fixed term end on their stated date unless the lease requires notice. Many Florida leases do, so read the renewal clause before a lease runs out.
Florida security deposit rules
Florida sets no limit on how much a landlord can collect as a security deposit, but it controls how the money is held and returned. Under section 83.49, the deposit must sit in a Florida bank account, either non-interest or interest-bearing, or be covered by a surety bond filed with the circuit court clerk. Within 30 days of receiving the deposit, the landlord must tell the tenant in writing where it is held and whether it earns interest.
When the tenancy ends, a landlord with no claim must return the deposit within 15 days. To keep any part of it, the landlord must send written notice of the claim, by certified mail or email, within 30 days. The tenant then has 15 days to object, and the landlord must return any balance within 30 days of the notice. Missing the 30-day notice forfeits the right to claim against the deposit, though the landlord can still sue for damages.
Since 2023, landlords may also offer a fee in lieu of a security deposit under section 83.491, amended in 2024. The tenant must be told they can pay a regular deposit instead.
Late fees and the 3-day notice in Florida
Florida’s landlord-tenant act does not cap late fees or set a formula for them, so the amount and the grace period come from the lease. Write the fee, the day it applies and the grace period into every lease, and apply it the same way to every tenant. The 3-day notice under section 83.56(3) is a demand for rent, so ask your Florida attorney how your lease defines rent before you add a late fee or any other charge to the amount demanded. A notice that has to be redone costs at least another three business days.
The Florida eviction process and timeline
An eviction in Florida is an action for possession filed in county court, and it runs under the summary procedure of section 51.011, which keeps the timeline short. An uncontested nonpayment case often moves from notice to writ in about 2 to 4 weeks, based on the statutory steps below.
The tenant’s deposit of rent into the court registry is the step that sets Florida apart. A tenant who wants to contest a nonpayment eviction must pay the rent alleged in the complaint, or the amount the court sets, into the registry within the 5-day response period. A tenant who does not pay waives most defenses, and the landlord can ask for a default.
- Serve the 3-day notice (nonpayment) or 7-day notice (other breaches).
- If the tenant does not pay or cure, file a complaint for possession in county court in the county where the building sits.
- After service, the tenant has 5 days, excluding weekends and legal holidays, to respond and deposit the rent into the court registry.
- If the tenant does not respond or deposit, the landlord moves for a default and final judgment for possession.
- The clerk issues a writ of possession, and the sheriff posts it with 24 hours’ notice. Under section 83.62, weekends and holidays do not pause the 24 hours.
- After the 24 hours, the sheriff puts the landlord back in possession and the landlord may remove the tenant’s belongings.
Is there rent control in Florida?
No. Florida cities and counties may not adopt or keep rent control. The 2023 Live Local Act (chapter 2023-17) amended section 166.043 for cities and section 125.0103 for counties to remove the old emergency exception, so local rent control is now preempted entirely. A separate 2023 law, chapter 2023-314, added section 83.425, which preempts all local regulation of residential tenancies to the state.
In practice, a Florida landlord can raise rent by any amount at renewal or, for a month-to-month tenant, with 30 days’ written notice. Local tenant ordinances adopted before 2023, such as notice-of-rent-increase or tenant bill of rights rules in some South Florida counties, no longer apply to the landlord-tenant relationship.
Florida landlord-tenant laws that changed in 2025
Two 2025 laws changed how Florida landlords give notices and sign longer leases.
Email notices by agreement. Chapter 2025-16 (HB 615), effective July 1, 2025, created section 83.505. Landlords and tenants may now send notices by email if both sign an addendum to the lease that gives each side’s email address. The addendum must say that the choice is voluntary and that either party can revoke it or change the address with written notice. A notice sent by email counts as delivered when sent unless it bounces back, and the sender must keep a copy and proof it went out. Without a signed addendum, use the delivery methods the statute already allowed.
Flood disclosure. Chapter 2025-166 (SB 948), effective October 1, 2025, created section 83.512. For any residential lease of one year or longer, the landlord must give the tenant a separate flood disclosure form at or before signing. The form tells the tenant that renters insurance usually excludes flood and asks the landlord to state whether they know of flooding that damaged the unit during their ownership, whether they filed a flood insurance claim, and whether they received federal aid such as FEMA money for flood damage.
If a landlord skips the disclosure and a flood then causes the tenant a substantial loss, meaning repairs or replacement of personal property cost 50% or more of its value, the tenant may end the lease with written notice and by moving out within 30 days, and the landlord must refund prepaid rent for the period after termination. For a buyer, missing flood forms on existing leases is a real diligence item, especially in coastal counties.
What happens to leases and deposits when you sell a Florida rental
Leases survive the sale of a Florida rental property. The buyer takes the building subject to every existing lease and cannot end them early because ownership changed. Month-to-month tenants can still be given 30 days’ notice by the new owner under the normal rules.
Deposits move with the building. Section 83.49(7) requires the seller to transfer each tenant’s deposit and advance rent, with any interest earned and an accounting, to the new owner. Once the seller hands over the money and records and gets a written receipt, the seller is released. The buyer is presumed to have received the deposits, but only up to one month’s rent per tenant, so buyers should check the rent roll against the deposit ledger before closing.
Skyline buys apartment buildings with five or more units in Florida, with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. Our guides on Florida capital gains tax, property tax rates in Florida and 1031 exchange in Florida cover the tax side of a sale.
