Florida Landlord-Tenant Laws: A Plain-English Guide
Florida landlord-tenant laws are fast and uniform. State law preempts most local tenant ordinances, there's no deposit cap or rent control, and nonpayment evictions often finish in 2-4 weeks. The traps are procedural, especially the deposit: miss the certified-mail claim notice within 30 days and you lose the right to deduct. Here is the landlord year in order, and how Florida compares on security deposit laws by state.
By LandlordTested editorial teamLast reviewed
Florida at a glance
- Security deposit limit
- No statutory limit
- Deposit returned within
- 15 daysReturn within 15 days if no claim. To make a claim, send notice by certified mail within 30 days of lease termination; tenant has 15 days to object; balance due within 30 days of the notice. Missing the 30-day notice forfeits the right to claim against the deposit.
- Late fees
- No statutory cap (must be in the lease and reasonable)
- Rent control
- No statewide rent controlNo statewide rent control. The 2023 Live Local Act removed local authority to impose rent control, and § 83.425 (2023) preempts local regulation of residential tenancies, deposits, fees and notices.
- Entry notice
- 24 hours' notice for repairs, between 7:30 a.m. and 8:00 p.m.
- Notice for unpaid rent
- 3-day notice to pay rent or deliver possession (excluding Saturdays, Sundays and court-observed holidays)
- Ending a month-to-month
- 30 daysWritten notice at least 30 days before the end of a monthly period (Fla. Stat. § 83.57(3), changed from 15 days in 2023).
Source: Fla. Stat. § 83.49; Fla. Stat. §§ 83.56, 83.57, 83.59
Florida topic guides
- Florida security deposit lawFlorida security deposit law for landlords: no cap, the 15-day refund, the 30-day certified-mail claim notice, how to hold the deposit, and the interest rules.
- Eviction process FloridaThe Florida eviction process for landlords: 3-day and 7-day notices, county court filing, the 5-day summons and rent registry rule, the writ and costs.
General information, not legal advice. Last legal review October 18, 2026. Laws change; check the statute or a local landlord-tenant attorney before acting.
Before the lease
Screening
Screen to one written standard and apply it the same way to every applicant. The Fair Credit Reporting Act requires written consent before you pull a report and an adverse action notice if the report leads to a denial. The Fair Housing Act applies in full, and although HUD withdrew its 2016 guidance on criminal records in 2025, reviewing records individually rather than using a blanket ban is still the defensible approach. Because § 83.425 preempts local screening rules, the rules here are largely the same from Pensacola to Key West.
Deposits, and the disclosure that comes with them
There’s no cap. What Florida regulates is how you hold the money (Fla. Stat. § 83.49):
| Where you hold it | Interest you owe the tenant |
|---|---|
| Separate non-interest-bearing account | None |
| Interest-bearing account | 75% of annualized interest, or 5% simple (your choice) |
| Surety bond | 5% simple interest |
You must tell the tenant in writing how and where the deposit is held, either in the lease or within 30 days of receiving it (§ 83.49(2)). Florida also allows a monthly fee in lieu of a deposit (§ 83.491), which some landlords use to compete on move-in cost.
Other disclosures
Give prospective tenants the flood-risk disclosure required by § 83.512, and the federal lead-based paint disclosure if the building predates 1978.
During the tenancy
Rent increases
No statewide rent control, and local rent control authority was removed by the 2023 Live Local Act (ch. 2023-17). The amount of an increase is yours to set. For a month-to-month tenant, give at least 30 days’ notice, matching the termination notice period.
Late fees
No statutory cap. The fee must be in the lease and reasonable. A flat $75 on $2,000 rent is easier to defend than a percentage that grows every day.
Entry
For repairs, give 24 hours’ notice and enter between 7:30 a.m. and 8:00 p.m. (Fla. Stat. § 83.53). Put the date and time window in writing.
Repairs
Florida tenants can’t withhold rent over repairs without first giving you written notice and time to fix the problem. Log every repair request with its date, and answer in writing.
Ending the tenancy
Notices
- Nonpayment: 3-day notice to pay rent or deliver possession, not counting Saturdays, Sundays or court-observed holidays. Serve it on a Thursday and the deadline can stretch into the next week.
- Lease violations: 7-day notice to cure for curable problems, or a 7-day unconditional notice to vacate for non-curable or repeat violations within 12 months.
- Month-to-month: 30 days’ written notice before the end of a monthly period (§ 83.57(3)).
Use the statutory form language. A defective notice can get the case dismissed, and you start over.
Move-out and deposit return
No deductions? Refund within 15 days. Deductions? Send the claim notice by certified mail within 30 days. The tenant has 15 days to object, and the balance is due within 30 days of your notice. This is the single rule we’d tape to the fridge.
Eviction overview
After the notice expires, file a complaint for possession (and rent, if you’re claiming it) in county court. The tenant is served with a 5-day eviction summons and has 5 business days to answer and deposit the rent into the court registry. With no answer or deposit, you can request a default and final judgment. The clerk then issues a writ of possession, and the sheriff posts a 24-hour notice before restoring possession. Expect about $185 to file, roughly $10 for the summons and about $40 per defendant for sheriff service, but confirm current fees with your county clerk.
What’s different in Florida
- Statewide preemption. § 83.425 (2023) wipes out local tenant ordinances on screening, deposits, fees and notices, and the Live Local Act removed local rent control authority.
- The certified-mail deposit claim. Miss the 30-day notice and you lose the right to deduct. Fee-in-lieu programs are allowed under § 83.491.
- Longer month-to-month notice. 30 days since 2023, up from 15.
- Rent into the registry. A tenant who wants to fight a nonpayment case must deposit the rent with the court (§ 83.60(2)), so many cases resolve quickly.
- Squatter removal and flood disclosure. HB 621 (2024) lets sheriffs remove squatters on an owner’s affidavit (§ 82.036), and § 83.512 requires flood-risk disclosures to prospective tenants.
Questions landlords ask
The questions we get most, each answered in a paragraph.
How long does a Florida landlord have to return a security deposit?
If you're not claiming anything, return it within 15 days after the lease ends. To keep part of it, send a written notice of your claim by certified mail within 30 days (Fla. Stat. § 83.49). The tenant has 15 days to object, and the balance is due within 30 days of your notice. Miss the 30-day certified notice and you forfeit the right to make any claim.
Can Florida cities pass their own tenant rules?
Mostly not anymore. Fla. Stat. § 83.425, passed in 2023, preempts local regulation of residential tenancies, including screening, deposits, fees and notices, and the 2023 Live Local Act removed local rent control authority. If your city still advertises a tenant ordinance, ask the city attorney's office or a local lawyer whether it survives.
How much notice does a Florida landlord need to end a month-to-month lease?
At least 30 days' written notice before the end of a monthly period (Fla. Stat. § 83.57(3)). That changed from 15 days in 2023, and older forms still circulating online may show the old number. On a lease that runs by calendar month, a notice delivered March 10 generally ends the tenancy April 30, not April 9.
How fast is an eviction in Florida?
An uncontested nonpayment case often takes 2-4 weeks. After the 3-day notice, you file in county court and the tenant has 5 business days to answer. To contest a nonpayment case, the tenant must deposit the alleged rent into the court registry (§ 83.60(2)). If they don't, you can ask for a default, and the sheriff posts a 24-hour notice before restoring possession.
Do Florida landlords have to pay interest on deposits?
It depends on how you hold the money. In a separate non-interest-bearing account, no interest is owed. In an interest-bearing account, the tenant gets 75% of the annualized interest or 5% simple interest, your choice. If you post a surety bond instead, you pay 5% simple interest. Your written deposit disclosure has to say which method you use.