Florida Lease Laws: Deposits, Notices, and Evictions

Florida lease laws are set primarily by the Florida Residential Landlord and Tenant Act in Chapter 83, Part II of the Florida Statutes, and they govern how leases are formed, how deposits are handled, what notice each side must give, and how evictions must proceed. Several of the rules differ from what people expect based on other states, especially the deposit deadlines and the short notice periods for nonpayment. Below is what landlords and tenants in Florida actually need to know before signing, during the tenancy, and at the end.

When a Florida Lease Must Be in Writing

A written lease is only required in Florida when the term is one year or longer. Shorter agreements can be oral and still be enforceable, though an oral lease invites disputes about what was actually agreed.¹

Before the tenancy begins, the landlord or an authorized representative must give the tenant the landlord’s name and address in writing.² That matters when a management company is between the tenant and the owner and the tenant needs to serve legal notices. A good written lease also identifies the property, states the term, the rent, the due date, accepted payment methods, and any rules about pets, guests, and fees.

One disclosure is federal rather than state law but applies to most older Florida rentals: for any property built before 1978, the landlord must share known lead-based paint information, provide the EPA lead pamphlet, and include a lead warning in the lease.³ Testing or removal is not required, only disclosure of what the landlord already knows.

Security Deposits

Florida’s deposit rules are strict, and landlords who miss a step can forfeit the right to keep any of the money. Within 30 days of receiving a deposit, the landlord must give the tenant written notice of where the money is held. Three options are allowed: a non-interest-bearing account at a Florida banking institution, an interest-bearing account, or a surety bond posted with the clerk of the circuit court.⁴

If the landlord chooses an interest-bearing account, the tenant is entitled to 5 percent simple interest per year, paid either directly or as a rent credit, at least annually and again when the lease ends.⁴

Returning the Deposit

When the landlord does not intend to keep any part of the deposit, the full amount plus any interest must be returned within 15 days after the tenancy ends.⁵

If the landlord wants to deduct for damages or unpaid rent, a written claim notice must be sent by certified mail within 30 days after the tenancy ends, explaining what is being withheld and why. The tenant then has 15 days to object in writing. If the tenant does not object, the landlord may take the claimed amount and must return the remainder within 30 days of the original notice.⁴

A landlord who blows the 30-day claim deadline must return the entire deposit and can only chase damages by filing a separate lawsuit. That is the single most common mistake in Florida deposit disputes.

Rent, Late Fees, and Bounced Checks

Florida does not cap rent or limit rent increases between lease terms. For a month-to-month tenancy, a landlord who wants to raise the rent must give 30 days’ written notice before the increase takes effect.

Late fees are enforceable as long as the lease states them and they are reasonable. There is no fixed dollar cap in the statute, and reasonableness turns on whether the fee reflects the landlord’s actual cost of dealing with a late payment rather than functioning as a penalty. Read the late fee clause carefully before signing.

For a dishonored check, the landlord can recover the bank fees actually incurred plus a service charge: $25 if the check was for $50 or less, $30 if over $50 but not more than $300, or $40 if over $300, or 5 percent of the check amount, whichever is greater.⁶

Landlord Maintenance Duties and Entry Rules

The landlord must keep the property in compliance with all applicable building, housing, and health codes throughout the tenancy. Where no specific code applies, the landlord is still responsible for keeping roofs, windows, doors, exterior walls, foundations, and plumbing in working condition.⁷

In multi-unit properties (anything other than a single-family home or duplex), the landlord must also provide pest control for common pests such as roaches, ants, mice, and bedbugs unless the lease shifts that duty to the tenant.⁷ For single-family homes and duplexes, working smoke detectors must be installed at the start of the tenancy unless the parties agree otherwise in writing.

Entry is limited. A landlord must give at least 24 hours’ notice before entering for repairs, and entry must happen between 7:30 a.m. and 8:00 p.m., except in an emergency.⁸ Repeated entries without notice can violate the tenant’s right to quiet enjoyment.

Tenant Duties

Tenants must keep their part of the dwelling clean and sanitary, use plumbing and electrical fixtures properly, avoid damaging the property, dispose of trash reasonably, comply with applicable building and housing codes, and follow any reasonable rules in the lease.⁹ Failure to meet these duties can trigger a seven-day notice to cure or vacate and will weaken a tenant’s position in any later deposit fight.

Notice to End a Tenancy

The notice period depends on the type of tenancy and the reason for ending it.

Ending Without Cause

For a month-to-month tenancy, either side must give at least 30 days’ written notice before the end of a monthly period. For a week-to-week tenancy, the minimum is 7 days before the end of a weekly period.¹⁰ A fixed-term lease ends on its expiration date on its own, though many leases include automatic renewal clauses that require notice to stop the rollover.

Three-Day Notice for Unpaid Rent

When rent is late, the landlord must deliver a written three-day notice demanding payment or possession. Saturdays, Sundays, and legal holidays do not count.¹¹ If the tenant pays in full within that window, the landlord cannot evict based on that notice.

Seven-Day Notice for Other Violations

For lease violations other than nonpayment, the landlord must give a seven-day written notice describing the problem and giving the tenant time to fix it.¹¹ If the violation cannot be cured, such as repeated serious disturbances, the landlord may deliver a seven-day unconditional notice to vacate instead.

Breaking a Lease Early

Ending a fixed-term lease early usually costs money, but Florida recognizes several exceptions.

Military Orders

Active-duty servicemembers can terminate with 30 days’ written notice after receiving permanent change-of-station orders 35 or more miles from the rental, an involuntary discharge, or temporary duty orders for more than 60 days to a location 35 or more miles away. Rent is prorated through the termination date and nothing further is owed.¹² A servicemember who terminates at least 14 days before taking possession owes no damages or penalties.

Domestic Violence

Victims of domestic violence, dating violence, sexual violence, or stalking may terminate a lease early under Section 83.683 by giving written notice with supporting documentation such as a police report or protective order. A landlord may not evict or terminate a lease solely because the tenant or a minor child in the household is a victim.

Early Termination Fee Cap

If the lease contains a valid early termination clause, the fee cannot exceed two months’ rent. The cap applies only when the tenant and landlord signed a separate addendum agreeing to it, and the tenant cannot be required to give more than 60 days’ notice.¹³ The landlord can still collect rent through the end of the month it retakes possession, plus actual damage charges.

Uninhabitable Conditions

A tenant can terminate by withholding rent when the landlord has made the property completely uninhabitable and refuses to fix it. Written notice must describe the specific issue and give the landlord at least 20 days to make repairs. If the landlord does not act, the tenant may abandon the property, keep the withheld rent, and end the lease with no liability for future rent.¹¹ The bar is high: the unit must be truly unlivable, not just in need of cosmetic repair.

The Eviction Process

Florida evictions must go through the court. Lockouts, utility shutoffs, and removal of a tenant’s belongings are illegal self-help evictions, and a landlord who tries any of them is liable for the tenant’s damages and attorney’s fees.

The case begins with the appropriate written notice (three days for unpaid rent, seven days for other violations). If the tenant does not pay, cure, or leave within the notice period, the landlord files an eviction complaint in county court. Once the case is filed, the tenant is generally required to deposit disputed rent into the court registry as it comes due; failing to do so can produce a default judgment for the landlord.

After judgment, the clerk issues a writ of possession, the sheriff posts a 24-hour notice on the property, and weekends and legal holidays do not pause that clock.¹⁴ When those 24 hours pass, the sheriff can physically remove anyone still on the property. Even without an attorney, filing fees, service of process, and sheriff fees add up to several hundred dollars.

Retaliation Is Prohibited

A Florida landlord cannot raise rent, cut services, or file for eviction in response to a tenant reporting code violations to a government agency, joining a tenant organization, or lawfully withholding rent over unresolved maintenance problems.¹⁵

The tenant must have acted in good faith. A frivolous complaint used as leverage will not trigger the protection. But when the tenant genuinely reports an unsafe condition and the landlord responds with a rent increase or termination notice soon after, the landlord carries the burden of showing a legitimate business reason. Tenants who prove retaliation can recover actual damages and attorney’s fees, so contemporaneous records of complaints, repair requests, and landlord responses matter.

Abandoned Property After Move-Out

When a tenant leaves belongings behind, the landlord cannot just dispose of them. Written notice must go to the former tenant describing the property, saying where it can be claimed, and giving a deadline. Personal delivery requires at least 10 days to claim the items; mailed notice requires at least 15 days from the mailing date.¹⁶ The landlord may charge reasonable storage. Disposing of the items early creates legal exposure.

Emotional Support Animals

A landlord cannot charge extra fees or deposits for an emotional support animal kept as a reasonable accommodation for a disability. If the disability is not obvious, the landlord may request documentation, but Florida narrows what counts.¹⁷

Acceptable documentation includes a disability determination from a government agency, proof of disability benefits, eligibility for disability-based housing assistance, or information from a licensed health care practitioner who has provided in-person care to the tenant at least once. An online-only ESA registration, certificate, or ID card is not enough by itself.¹⁷ The landlord may ask for current vaccinations and licensing but cannot ask for a diagnosis or medical records.

1
The Florida Bar. Rights and Duties of Tenants and Landlords
2
Florida Senate. Florida Code 83.50 – Disclosure of Landlords Address
3
U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule Fact Sheet
4
Florida Senate. Florida Code 83.49 – Deposit Money or Advance Rent Duty of Landlord and Tenant
5
The 2025 Florida Statutes. Florida Code 83.49 – Deposit Money or Advance Rent Duty of Landlord and Tenant
6
Official Internet Site of the Florida Legislature. Florida Code 68.065 – Actions to Collect Worthless Payment Instruments
7
The Florida Legislature. Florida Code 83.51 – Landlords Obligation to Maintain Premises
8
Florida Senate. Florida Code 83.53 – Landlords Access to Dwelling Unit
9
Florida Senate. Florida Code 83.52 – Tenants Obligation to Maintain Dwelling Unit
10
Justia. Florida Code 83.57 – Termination of Tenancy Without Specific Term
11
Florida Senate. Florida Code 83.56 – Termination of Rental Agreement
12
The Florida Legislature. Florida Code 83.682 – Termination of Rental Agreement by a Servicemember
13
Florida Senate. Florida Code 83.595 – Choice of Remedies Upon Breach or Early Termination by Tenant
14
The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord
15
Justia. Florida Code 83.64 – Retaliatory Conduct
16
FindLaw. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises After Tenancy Has Terminated
17
Official Internet Site of the Florida Legislature. Florida Code 760.27 – Prohibited Discrimination in Housing Provided to Persons With a Disability or Disability-Related Need for an Emotional Support Animal