Florida Landlord–Tenant Law: The Basics
Residential rentals in Florida are governed chiefly by the Florida Residential Landlord and Tenant Act, Florida Statutes Chapter 83, Part II. This is a plain-English overview of the parts that come up most often. It is not legal advice — confirm the current statute and consult an attorney for your situation.
Security deposits
Florida does not cap the amount of a security deposit, but it is strict about handling. A landlord must hold a residential deposit in one of the statutory ways — in a separate Florida bank account (interest-bearing or not) or secured by a surety bond — and must give the tenant written notice, within 30 days of receiving the deposit, of how and where it is held. When the tenancy ends, if the landlord intends to keep any part of the deposit, they must send written notice by certified mail to the tenant's last known address within 30 days, itemizing the claim. If that notice is not sent in time, the landlord generally forfeits the right to keep the deposit. A tenant who disputes the claim has 15 days to object.
The landlord's duty to maintain
Landlords must comply with applicable building, housing, and health codes and keep the structural elements, plumbing, and required systems in working order. Where no code applies, the landlord must still maintain roofs, windows, doors, floors, steps, porches, exterior walls, and the like, and provide working facilities for heat and running water. Tenants, in turn, must keep their unit clean and sanitary and not damage the property.
Required notices
- Three-day notice (non-payment): When rent is unpaid, the landlord may serve a notice giving the tenant three business days (excluding weekends and legal holidays) to pay or vacate before an eviction can be filed.
- Seven-day notice (lease violations): For non-monetary violations, Florida provides seven-day notices — either a "cure" notice for fixable problems or an "unconditional quit" notice for serious ones.
- Ending a month-to-month tenancy: Florida law sets the notice required to terminate a periodic tenancy; recent changes lengthened the notice for month-to-month terminations, so verify the current requirement before serving notice.
Entry and access
A tenant is entitled to quiet enjoyment of the home, and a landlord may not simply show up. Florida law requires reasonable notice before entering for repairs or inspection — commonly at least 24 hours for repairs — and entry at a reasonable time, except in a genuine emergency. Respecting the access rules is not just courtesy; violating them can undermine a landlord's position in any later dispute.
Eviction is a court process
Only a court can evict a tenant in Florida. The lawful path is to serve the correct written notice, then — if unresolved — file an eviction action (an "action for possession") in county court, where the tenant has an opportunity to respond. "Self-help" eviction — changing the locks, removing the tenant's belongings, or shutting off utilities to force a move-out — is illegal and exposes the landlord to damages. Because procedure and timing are unforgiving, evictions are an area where professional management or an attorney earns its keep.
Abandonment and disclosures
Florida has specific procedures for handling apparently abandoned property and personal belongings left behind, which must be followed rather than improvised. Landlords also have certain disclosure obligations — for example, identifying who is authorized to act on the owner's behalf, and providing legally required disclosures such as lead-based-paint information for older homes. Getting these formalities right at move-in prevents disputes at move-out.
Retaliation and discrimination
A landlord may not retaliate against a tenant for exercising legal rights, such as complaining to a code authority. And every stage of a tenancy is subject to Fair Housing law — see the screening page for how anti-discrimination rules apply from the very first advertisement.
Where to read the actual law
The authoritative text is maintained by the Florida Legislature. Bookmark Chapter 83, Part II and check it directly, because statutes are amended from time to time. For rentals inside a community association, additional rules apply — see HOA and condo management.