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    Florida Residential Lease Agreement

    Florida sets no statewide ceiling on security deposits, but the landlord must refund it within 15 days after the lease ends.

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    MakeLease generates a customizable lease; add these Florida disclosures and terms.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Florida lease rules at a glance

    Key Florida rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit capNo state capFla. Stat. § 83.49 (no amount limit)
    Deposit return deadline15 days after the lease endsFla. Stat. § 83.49(3)(a)-(b)
    Late feesNo state cap · grace period: no state grace periodFla. Stat. ch. 83, Part II (no late-fee limit); § 83.45 unconscionability, Fla. Stat. § 83.46(1); ch. 83, Part II (silent on grace periods)
    Landlord entry notice24 hours' noticeFla. Stat. § 83.53
    Ending a month-to-month lease30 days (either side)Fla. Stat. § 83.57
    Rent increase noticeNo state ruleFla. Stat. ch. 83, Part II (no rent-increase notice rule); § 83.57(3)
    Rent controlNone; cities barred from adopting itFla. Stat. § 125.0103(2), Fla. Stat. § 166.043(2), Fla. Stat. § 83.425
    Eviction notice for unpaid rent3 business days (3-day notice to pay rent or deliver possession)Fla. Stat. § 83.56(3)-(4)

    Florida lease disclosures checklist

    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 tenancyFla. 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 depositFla. Stat. § 83.491(3)
    • Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

    MakeLease generates a customizable lease; add these Florida disclosures and terms.

    Before you sign in Florida

    If a deposit is withheld wrongly
    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)
    Deductions from the deposit
    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 the deposit
    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))
    Rent control and increases
    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)

    No statewide rent control; counties and cities may not adopt or maintain rent control (§§ 125.0103(2), 166.043(2)), and all local landlord-tenant regulation is preempted (§ 83.425).

    • In effect since .
    • Before : 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).
    If rent goes unpaid
    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))

    Florida lease FAQs

    How much can a landlord charge for a security deposit in Florida?

    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)).

    How long does a Florida landlord have to return a security deposit?

    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)).

    Is there a limit on late fees in Florida?

    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). 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)).

    How much notice must a Florida landlord give before entering a rental?

    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)).

    How much notice ends a month-to-month tenancy in Florida?

    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)).

    What disclosures does a Florida lease need?

    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). The list covers Name and address of the landlord or agent authorized to receive notices, Security deposit/advance rent notice: depository name and address (or surety bond), whether interest is paid, and statutory § 83.49(2) disclosure text, Radon gas notification (statutory text), Flood disclosure (flooding history, flood claims, FEMA assistance), as a separate document, Written fee-in-lieu-of-deposit notice (right to pay a deposit instead, fee amount, nonrefundable, etc.) and Lead-based paint disclosure and EPA pamphlet.

    More on renting in Florida

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