Florida Landlord-Tenant Law

Maximum deposit

Florida law sets no limit on the amount of a residential security deposit; the amount is set by the lease (Fla. Stat. § 83.49). (Fla. Stat. § 83.49 (no amount limit))

Return deadline

Return the deposit within 15 days after the lease ends and the tenant vacates if you make no claim; to keep any part, send written notice of the claim by certified mail (or agreed e-mail) within 30 days, then return any balance within 30 days of that notice if the tenant does not object within 15 days (Fla. Stat. § 83.49(3)(a)-(b)). (Fla. Stat. § 83.49(3)(a)-(b))

• In effect since July 1, 2025.
• Before July 1, 2025: Same 15/30-day deadlines; claim notice had to be sent by certified mail only (e-mail delivery added by ch. 2025-16).

Itemized deductions

To deduct from the deposit, the landlord's written notice must state the amount claimed and the reason for the claim, using the statutory form (Fla. Stat. § 83.49(3)(a)). (Fla. Stat. § 83.49(3)(a))

Interest on deposits

Interest is not required if you keep the deposit in a separate non-interest-bearing Florida bank account, but it is owed if you use an interest-bearing account (75% of the account rate or 5% simple) or post a surety bond (5% simple) (Fla. Stat. § 83.49(1), (9)). (Fla. Stat. § 83.49(1)(a)-(c), (9))

Penalty for wrongful withholding

If you do not send the claim notice within 30 days, you forfeit any claim against the deposit and must return it (you may sue separately for damages), and the loser of a deposit lawsuit pays the winner's court costs and attorney fees (Fla. Stat. § 83.49(3)(a), (c)). (Fla. Stat. § 83.49(3)(a), (c), Fla. Stat. § 83.48)

Late-fee limit

Florida sets no cap on residential late fees; the fee must be in the lease and a court can refuse to enforce an unconscionable fee (Fla. Stat. §§ 83.43(12), 83.45). (Fla. Stat. ch. 83, Part II (no late-fee limit); § 83.45 unconscionability)

Grace period

Florida law requires no grace period before a late fee; rent is due on the date the lease sets (Fla. Stat. § 83.46(1)). (Fla. Stat. § 83.46(1); ch. 83, Part II (silent on grace periods))

Give at least 24 hours' notice and enter between 7:30 a.m. and 8:00 p.m. for repairs; you may enter without notice in an emergency or to protect the premises (Fla. Stat. § 83.53(2)). (Fla. Stat. § 83.53)

• In effect since July 1, 2022.
• Before July 1, 2022: 12 hours' notice for repairs (changed to 24 hours by ch. 2022-222, SB 898).

Either party must give at least 30 days' written notice before the end of a monthly rental period to end a month-to-month tenancy (Fla. Stat. § 83.57(3)). (Fla. Stat. § 83.57)

• In effect since July 1, 2023.
• Before July 1, 2023: 15 days' notice before the end of a monthly period (changed to 30 days by ch. 2023-314, HB 1417).

Florida has no statute on rent-increase notice; rent cannot rise during a fixed lease unless the lease allows it, and for month-to-month tenancies give at least 30 days' written notice before the end of a monthly period, matching the termination notice (Fla. Stat. § 83.57(3)). (Fla. Stat. ch. 83, Part II (no rent-increase notice rule); § 83.57(3))

Florida has no rent control and bars counties and cities from adopting any measure that controls rents (Fla. Stat. §§ 125.0103(2), 166.043(2)). (Fla. Stat. § 125.0103(2), Fla. Stat. § 166.043(2), Fla. Stat. § 83.425)

• In effect since July 1, 2023.
• Before July 1, 2023: Local governments could adopt one-year rent controls after finding a grave housing emergency and voter approval by referendum (repealed by ch. 2023-17, SB 102).

Before or at lease signing, give the landlord/agent name and address, the radon notice, the flood disclosure for leases of a year or more, and the federal lead-paint disclosure for pre-1978 housing, plus the deposit-holding notice within 30 days if you rent 5+ units (Fla. Stat. §§ 83.50, 83.49(2), 83.512, 404.056(5)). (Fla. Stat. § 83.50, Fla. Stat. § 83.49(2), Fla. Stat. § 83.512, Fla. Stat. § 404.056(5), Fla. Stat. § 83.491(3))

• Name and address of the landlord or agent authorized to receive notices (In writing at or before the start of the tenancy) — Fla. Stat. § 83.50
• Security deposit/advance rent notice: depository name and address (or surety bond), whether interest is paid, and statutory § 83.49(2) disclosure text (In the lease or within 30 days after receiving the deposit (landlords renting 5 or more units)) — Fla. Stat. § 83.49(2)
• Radon gas notification (statutory text) (On at least one document signed at or before execution of the rental agreement (non-transient rentals)) — Fla. Stat. § 404.056(5)
• Flood disclosure (flooding history, flood claims, FEMA assistance), as a separate document (At or before signing a lease of 1 year or longer (from 2025-10-01)) — Fla. Stat. § 83.512
• Written fee-in-lieu-of-deposit notice (right to pay a deposit instead, fee amount, nonrefundable, etc.) (Only if the landlord offers a fee in lieu of a security deposit) — Fla. Stat. § 83.491(3)
• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

• In effect since October 1, 2025.

Unpaid rent

Before filing for eviction for unpaid rent, deliver a written 3-day notice demanding rent or possession; the 3 days exclude Saturdays, Sundays and court-observed legal holidays (Fla. Stat. § 83.56(3)). (Fla. Stat. § 83.56(3)-(4))

Lease violations

For a curable lease violation, give a 7-day written notice to cure; for incurable violations (e.g., intentional property damage, repeated violations within 12 months, or fraudulent entry), give a 7-day notice to vacate with no right to cure (Fla. Stat. § 83.56(2)). (Fla. Stat. § 83.56(2))

• In effect since October 1, 2026.