Florida Landlord-Tenant Law: Leases, Deposits, and Evictions

Florida landlord-tenant law is built around Chapter 83 of the Florida Statutes, the Residential Landlord and Tenant Act, which sets out how leases work, how security deposits must be handled, what each side owes the other during the tenancy, and the only legal way to end it or pursue an eviction. Federal rules sit on top of the state framework, including the Fair Housing Act and lead-paint disclosure requirements for older homes. What follows is what landlords and tenants in Florida actually need to know.

Leases and Rent

A Florida lease can be oral or written, but an oral agreement is legally limited to a term of less than one year.¹ Anything longer has to be in writing. Even for a short arrangement, a written lease creates a clear record of the names of the parties, the property, the rent, the term, and the rules on things like pets, parking, and maintenance.

Unless the lease says otherwise, rent is due at the start of each payment period without the landlord having to send a bill.² Florida sets no statutory cap on late fees, so whatever the lease says about late charges controls. If the lease is silent, there is no basis to charge one.

Any clause that tries to waive a tenant’s rights under the Act is void, no matter how prominently it appears in the document.³ A lease that purports to erase the landlord’s habitability duty, for example, will not hold up in court.

Security Deposits

Florida does not cap security deposit amounts. What the law does regulate is what happens to the money after the landlord collects it. The deposit must be held in a separate non-interest-bearing account, a separate interest-bearing account (with interest going to the tenant), or covered by a surety bond. Within 30 days of receiving the deposit, the landlord must tell the tenant in writing how and where the money is being held.⁴

When the tenancy ends, the return timeline turns on whether the landlord is keeping any of it:

If the landlord makes no claim, the full deposit must be returned within 15 days after the tenant vacates.
If the landlord intends to keep part of it for damages beyond normal wear and tear, a written notice must go out by certified mail within 30 days, describing the specific deductions and the amount claimed.

The 30-day deadline is hard. A landlord who misses it forfeits the right to withhold any portion of the deposit.⁴ This is one of the most commonly litigated issues in Florida landlord-tenant disputes, and landlords who miss the window almost always lose.

What Landlords Must Do

Keep the Property Habitable

A landlord must keep the rental safe and livable for the entire tenancy. The property has to meet all applicable building, housing, and health codes. Where no local codes apply, the landlord is on the hook for keeping structural elements — roofs, walls, floors, foundations — in good repair, along with plumbing in reasonable working order.⁵

For multi-unit buildings other than single-family homes and duplexes, the landlord also has to provide working heat in winter, running water, hot water, and pest control for rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.⁵ In a single-family home or duplex, those extra duties can be shifted to the tenant by written agreement. The duty to meet building codes cannot be contracted away.

Respect the Tenant’s Privacy

Except in an emergency, a landlord must give at least 24 hours’ notice before entering for repairs or inspections, and the visit has to happen between 7:30 a.m. and 8:00 p.m.⁶ A tenant cannot unreasonably refuse consent, but a landlord cannot abuse access privileges to harass either.

Disclose Lead Paint in Older Homes

For any rental built before 1978, federal law requires the landlord to disclose known lead-based paint hazards before the lease is signed, hand over any available reports or records, and provide a copy of the EPA pamphlet “Protect Your Family from Lead in Your Home.” The lease must include a lead warning statement, and the landlord has to keep the signed disclosure for at least three years.⁷ The rule does not require testing or removal.

What Tenants Must Do

Tenants have their own list. Florida law requires a tenant to keep their part of the premises clean and sanitary, dispose of garbage properly, and use plumbing, electrical, heating, and air-conditioning systems in a reasonable way.⁸

A tenant cannot damage or deface the property and is responsible for keeping guests from doing so. Tenants also have to behave in a way that does not unreasonably disturb neighbors.⁸ Breaking any of these duties opens the door to eviction after proper notice.

Fair Housing and Assistance Animals

The federal Fair Housing Act covers nearly all Florida rentals and prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.⁹ A landlord cannot refuse to rent, set different terms, or steer applicants based on any of these characteristics.

Disability protection includes a duty to grant reasonable accommodations. The most common example is allowing an assistance animal in a building with a no-pets policy. The animal does not need to be a trained service dog. Emotional support animals qualify too, as long as the tenant has a disability-related need for the animal.¹⁰

If the disability and the need for the animal are not obvious, the landlord may ask for reliable documentation of the connection. The landlord cannot charge pet fees or extra deposits for an assistance animal, though the tenant still owes for any damage the animal causes.¹¹ A request can be denied only if the specific animal poses a direct threat to safety or would cause significant property damage that no other accommodation could resolve.

Protection Against Retaliation

It is illegal in Florida for a landlord to raise rent, cut services, or file an eviction to punish a tenant for exercising a legal right. Protected acts include complaining to a government code enforcement agency about a building or health violation, joining a tenant organization, and notifying the landlord of a failure to maintain the property.¹²

The tenant must have acted in good faith. A frivolous complaint filed only to create a defense will not work. But where a tenant has a legitimate habitability grievance and the landlord responds with a rent hike or an eviction filing, retaliation is a viable defense that can defeat the case.

Ending a Tenancy

A lease with a set expiration date ends on that date without either party giving notice, unless the lease itself requires it. Leaving early without the landlord’s agreement can expose the tenant to liability for the remaining rent.

When a tenancy has no fixed term, either side can end it with written notice before the start of the next rental period. The notice length depends on how rent is paid:

Week-to-week: at least 7 days’ notice before the end of any weekly period.
Month-to-month: at least 30 days’ notice before the end of any monthly period.
Year-to-year: at least 60 days’ notice before the end of any annual period.

The notice must go in writing, using one of the delivery methods authorized by the statute: personal delivery, mail, or email if the lease allows it.¹³

Domestic Violence

A tenant who is a victim of domestic violence, sexual violence, dating violence, or repeat violence may break a lease early by giving the landlord written notice with a copy of a permanent injunction for protection. The notice has to be delivered within 15 days after the injunction is entered, and the tenant must vacate within 30 days of the landlord receiving the notice or by the lease expiration date, whichever comes first. The victim is released from future lease obligations; any remaining tenants stay bound.

Military Orders

Under the federal Servicemembers Civil Relief Act, an active-duty servicemember who receives orders for a permanent change of station or a deployment of 90 days or more can terminate a residential lease without penalty by delivering written notice and a copy of the orders. For a month-to-month tenancy, termination takes effect 30 days after the next rent due date following notice. For a fixed-term lease, it takes effect on the last day of the monthly period following delivery of notice.¹⁴

Property Left Behind

When a tenant moves out and leaves belongings, the landlord cannot just throw them out. Florida’s Disposition of Personal Property Landlord and Tenant Act requires written notice describing the items and giving the former tenant a deadline to reclaim them: at least 10 days if hand-delivered, at least 15 days if mailed.¹⁵ If nothing is claimed by the deadline, the landlord may sell the property at public sale or dispose of it if it is worth less than the statutory threshold. The lease can waive the notice requirement upon surrender or abandonment.¹⁶

Eviction

Eviction in Florida is a court process. A landlord who wants a tenant out for a lease violation has to follow a specific sequence, and skipping any step can sink the case.

The Notice That Starts It

Every eviction begins with a written notice. The right one depends on the problem:

For unpaid rent, a 3-day notice demanding payment or possession. The three days exclude Saturdays, Sundays, and court-observed holidays.¹⁷
For curable lease violations such as unauthorized pets, improper parking, or unsanitary conditions, a 7-day notice giving the tenant a chance to fix the problem.
For incurable or repeated violations, such as intentional property destruction or a second violation of the same type within 12 months, a 7-day unconditional notice to vacate with no chance to cure.¹⁷

If the tenant does not comply, the landlord can file an eviction lawsuit in county court.

The Rent Deposit Trap

This is where most tenants defending an eviction lose the case before it starts. Once served with an eviction complaint, the court summons directs the tenant to deposit the disputed rent into the court registry within five business days. A tenant who ignores this step automatically waives every defense except proving the rent was already paid, and the landlord gets a default judgment for possession with an immediate writ.¹⁸ A tenant who disputes the amount in the complaint can file a motion asking the court to determine the correct figure, but that motion also has to be filed inside the five-day window. Missing the deadline, even by a day, ends the case.

Lockouts and Utility Shutoffs Are Illegal

No matter how justified a landlord feels, changing the locks, cutting off utilities, removing a tenant’s belongings, or blocking access to the property is illegal in Florida.¹⁶ A tenant on the receiving end of any of these tactics can sue for actual damages or three months’ rent, whichever is greater, plus court costs and attorney fees. The only legal way to remove a tenant who will not leave is a court order followed by a writ of possession carried out by the sheriff.

1
The Florida Legislature. Florida Code 83.43 – Definitions
2
Florida Senate. Florida Code 83.46 – Rent and Duration of Tenancies
3
The Florida Legislature. Florida Code 83.47 – Prohibited Provisions in Rental Agreements
4
Florida Senate. Florida Code 83.49 – Deposit Money or Advance Rent
5
Florida Senate. Florida Code 83.51 – Landlord’s Obligation to Maintain Premises
6
The Florida Legislature. Florida Code 83.53 – Landlord’s Access to Dwelling Unit
7
U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule Fact Sheet
8
Florida Senate. Florida Code 83.52 – Tenant’s Obligation to Maintain Dwelling Unit
9
U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act
10
U.S. Department of Housing and Urban Development. Assistance Animals
11
U.S. Department of Justice. Joint Statement on Reasonable Accommodations Under the Fair Housing Act
12
The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct
13
Florida Senate. Florida Code 83.57 – Termination of Tenancy Without Specific Duration
14
Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases
15
The Florida Legislature. Florida Code 715.105 – Form of Notice
16
The Florida Legislature. Florida Code 83.67 – Prohibited Practices
17
The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
18
The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession