Question 1

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

Accepted Answer

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), reviewed by full-text search on 2026-10-15) sets no cap on security deposits; the lease terms control.

Question 2

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

Accepted Answer

Return within 15 days if the landlord makes no claim. Otherwise, written notice of the claim within 30 days, sent by certified mail or email.

Question 3

How much notice does a landlord have to give before entering a rental in Florida?

Accepted Answer

Under Fla. Stat. § 83.53(2), the landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. Reasonable notice for repair is notice given at least 24 hours prior to the entry, and reasonable time for repair is between the hours of 7:30 a.m. and 8:00 p.m. The landlord may also enter when necessary for the further purposes set forth in subsection (1) under any of the following circumstances: with the consent of the tenant; in case of emergency; when the tenant unreasonably withholds consent; or if the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises. Subsection (1) lists those further purposes: inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The tenant shall not unreasonably withhold consent for those purposes. Under subsection (3), the landlord shall not abuse the right of access nor use it to harass the tenant. Example: a landlord entering only to make a repair must give at least 24 hours' notice and enter between 7:30 a.m. and 8:00 p.m.; entry at any time is allowed for protection or preservation of the premises, which is a different ground in the same subsection.

Question 4

How much notice does a landlord need to give to raise the rent in Florida?

Accepted Answer

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), reviewed by full-text search on 2026-10-15) sets no notice period for rent increases; the lease terms control.

Question 5

Can a landlord charge a late fee in Florida, and how much?

Accepted Answer

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), reviewed by full-text search on 2026-10-15) sets no late-fee cap; the lease terms control.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Florida?

Accepted Answer

3-day notice to pay or vacate, excluding weekends and legal (court-observed) holidays.

Question 7

Can cities in Florida pass rent control?

Accepted Answer

Preempted. Regulation of residential tenancies and the landlord-tenant relationship is preempted to the state, overriding local rules on screening, deposits, application fees, lease terms, disclosures, landlord fees and notice requirements. (Local rent control is separately barred.)

Question 8

How much notice is needed to end a month-to-month tenancy in Florida?

Accepted Answer

Month-to-month: written notice at least 30 days before the end of a monthly period. Week-to-week: 7 days. Year-to-year: 60 days.

Question 9

Does a landlord have to pay interest on a security deposit in Florida?

Accepted Answer

Not required. The landlord may hold deposits in a separate non-interest-bearing Florida account. If the landlord uses an interest-bearing account, the tenant gets at least 75% of the annualized interest or 5% simple interest (landlord's choice). A landlord who posts a surety bond instead must pay 5% simple interest.

Question 10

Is a move-in or move-out inspection checklist required in Florida?

Accepted Answer

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), reviewed by full-text search on 2026-10-15) sets no move-in or move-out inspection or checklist requirement; the lease terms control.

Question 11

Is landlord retaliation illegal in Florida?

Accepted Answer

Yes. A landlord may not discriminatorily raise rent, cut services, or bring or threaten an eviction or other suit mainly to retaliate against a tenant acting in good faith. Protected acts include complaining to a code agency or the landlord, joining a tenant organization, and exercising fair housing rights. Retaliation is a defense to eviction.

Question 12

Can a landlord change the locks or shut off utilities in Florida?

Accepted Answer

Banned. A landlord may not cut off or interrupt utilities (water, heat, electricity, gas, garbage and so on), change locks or use bootlocks, remove doors, windows or locks except for repairs, or remove the tenant's belongings except after surrender, abandonment or lawful eviction.

Question 13

What can a tenant do if the landlord won't make repairs in Florida?

Accepted Answer

The tenant may give written notice of the landlord's material failure to maintain (§ 83.51(1)) and, 7 days later, withhold rent. The noncompliance is then a complete defense to a nonpayment eviction, and the court may reduce the rent. Florida has no repair-and-deduct statute in ch. 83.

Question 14

What disclosures must a landlord give tenants in Florida?

Accepted Answer

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the landlord or the person authorized to receive notices and demands.

Question 15

What can a landlord do with property a tenant leaves behind in Florida?

Accepted Answer

A landlord may not remove a tenant's personal property except after surrender, abandonment, death of the last tenant (§ 83.59(3)(d)), or lawful eviction. If the lease contains the statutory legend in capitals, the landlord is not liable for storing or disposing of property after surrender or abandonment. Otherwise the procedure in ch. 715 (§ 715.104) applies. Abandonment is as defined in § 83.59(3)(c).

Question 16

Can a tenant break a lease early for domestic violence or military service in Florida?

Accepted Answer

Servicemembers may end a lease with 30 days' written notice for qualifying orders, e.g. a permanent change of station 35+ miles away, discharge, orders into government quarters, or temporary orders over 60 days to an area 35+ miles away. Ch. 83 has no domestic-violence early-termination provision.

Question 17

Is there a grace period before a late fee can be charged in Florida?

Accepted Answer

Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), reviewed by full-text search on 2026-10-15) sets no grace period before a late fee; the lease terms control.

Question 18

How much can a landlord charge for a rental application fee in Florida?

Accepted Answer

A search of the full text of Chapter 83 found no application-fee cap. Local regulation of application fees and screening is preempted to the state.

Question 19

How does the eviction court process work in Florida?

Accepted Answer

The landlord files a complaint in county court under summary procedure, and the tenant has 5 days to answer. A tenant raising any defense other than payment must deposit the alleged rent into the court registry within 5 business days of service or loses those defenses. After judgment, the sheriff posts 24 hours' notice before executing the writ.

Question 20

What happens if a tenant stays after the lease ends in Florida?

Accepted Answer

If the tenant stays after the rental agreement expires without the landlord's permission, the landlord may recover possession under § 83.59 and may also recover double the rent for the holdover period.

Question 21

Can a tenant withhold rent for repairs in Florida?

Accepted Answer

A tenant may withhold rent for the landlord's material failure to meet the building-code and maintenance duties in § 83.51(1), but only once 7 days have passed after written notice naming the problem and saying rent will be withheld. In an eviction, the court may reduce the rent, and a tenant raising any defense other than payment must pay the rent into the court registry.

Question 22

Does a landlord have to give notice before not renewing a lease in Florida?

Accepted Answer

A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to give notice within that period if the lease will not be renewed. The required notice may not be less than 30 or more than 60 days.

Question 23

What happens to the lease when a tenant dies in Florida?

Accepted Answer

A landlord can recover possession when the last remaining tenant has died, belongings remain, rent is unpaid, at least 60 days have passed since the death, and the landlord has no written notice of a probate estate or personal representative. This doesn't apply to federally regulated housing.

Question 24

Can a tenant sublet an apartment in Florida?

Accepted Answer

A search of the full text of Florida Statutes ch. 83 found no rule on subletting or assignment of a residential lease. The lease controls.

Question 25

Can a tenant fix something and deduct it from rent in Florida?

Accepted Answer

A search of the full text of Florida Statutes ch. 83 found no repair-and-deduct remedy. The tenant's remedy is written notice followed by withholding rent or ending the lease under § 83.60 and § 83.56.

Question 26

Can a landlord refuse Section 8 or other source of income in Florida?

Accepted Answer

Source of income is not a protected class in Florida's Fair Housing Act. Section 760.23 bars rental discrimination because of race, color, national origin, sex, disability, familial status or religion.

Question 27

Does a landlord have to provide smoke and carbon monoxide detectors in Florida?

Accepted Answer

Unless otherwise agreed in writing, the landlord of a single-family home or duplex must install working smoke detection devices at the start of the tenancy.

Question 28

What is the pet deposits/fees & service/esa animals rule in Florida?

Accepted Answer

Pet deposits count as "deposit money", so they follow the same holding and return rules as security deposits (§ 83.49). Ch. 83 sets no separate cap on pet deposits.

Question 29

What is the eviction record sealing rule in Florida?

Accepted Answer

A search of the full text of Fla. Stat. ch. 83 (§§ 83.41 et seq.), which includes the state's residential eviction procedure, found no provision for sealing or expunging eviction records. Court rules, which this site has not reviewed, may still allow it.

Question 30

What is the tenant relocation assistance rule in Florida?

Accepted Answer

A search of the full text of Fla. Stat. ch. 83 (§§ 83.41 et seq.) found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Question 31

What is the rent receipts, payment methods & cash rule in Florida?

Accepted Answer

A search of the full text of Fla. Stat. ch. 83 (§§ 83.41 et seq.) found no rule requiring rent receipts, requiring or banning any payment method, or limiting payment fees. Unless otherwise agreed, rent is due at the time and place the parties agreed.

Question 32

What is the condo conversion protections rule in Florida?

Accepted Answer

When rental housing is converted to condominiums, a tenant who has lived there at least 180 days can extend an expiring lease on the same terms for up to 270 days after the conversion notice. Other tenants can extend for up to 180 days. The tenant must tell the developer in writing within 45 days of the notice.

Question 33

How much does it cost to file an eviction in Florida?

Accepted Answer

$180. The county court clerk's filing fee for a removal of tenant (eviction) action is $180.

Question 34

What is the deposit bank holding / separate account rule in Florida?

Accepted Answer

The landlord must keep deposits in a separate account at a Florida financial institution, which can be non-interest-bearing or interest-bearing, or post a surety bond instead. Code text: "Hold the total amount of such money in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants."

Question 35

What is the right to cure / redeem rule in Florida?

Accepted Answer

Yes, for curable lease violations such as unauthorized pets or guests: the tenant has 7 days after the written notice is delivered to fix the problem. Code text: "if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof."

Question 36

What is the eviction notices for other grounds (lease violation, no-fault) rule in Florida?

Accepted Answer

For a violation that cannot be cured (such as intentional damage) or a repeat within 12 months of a warning, the landlord may give a notice ending the lease, and the tenant has 7 days to move out. Code text: "the tenant shall have 7 days from the date that the notice is delivered to vacate the premises."

Question 37

What is the scra / military lease termination rule in Florida?

Accepted Answer

A servicemember may end a lease with written notice effective at least 30 days after the landlord gets it, for qualifying events such as PCS orders 35 or more miles away or a premature or involuntary discharge. Code text: "Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice which is at least 30 days after the landlord’s receipt of the notice."

Question 38

What is the military lease termination (federal scra, all states) rule in Florida?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 39

What are the Airbnb / short-term rental rules in Florida?

Accepted Answer

Local governments may not ban vacation rentals or regulate how long or how often they are rented, except for local rules adopted on or before June 1, 2011. Other state lodging rules (licensing, taxes, inspections) still apply. Statute text: "A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning " (Fla. Stat. § 509.032(7)(b)).

Question 40

What rights does a tenant have after foreclosure in Florida?

Accepted Answer

Florida's Protecting Tenants at Foreclosure Act requires the post-foreclosure successor to give any bona fide tenant at least 90 days' notice to vacate, and generally lets a bona fide lease run to the end of its term (with a limited owner-occupancy exception). Statute text: "The successor in interest providing a notice to vacate to any bona fide tenant at least 90 days before the effective date of the notice; and (b) The rights of any bona fide tenant: 1. Under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject" (Fla. Stat. § 83.5615).

Question 41

What is the rental / transient occupancy tax rule in Florida?

Accepted Answer

Florida state transient rentals tax is 6% of the total rent charged for short-term living quarters in hotels, apartments, rooming houses, RV parks, condominiums and similar facilities. Continuous written leases longer than 6 months are generally not this taxable privilege; counties may also levy tourist development taxes. Statute text: "For the exercise of such taxable privilege, a tax is hereby levied in an amount equal to 6 percent of and on the total rental charged for such living quarters or sleeping or housekeeping accommodations by the person charging or collecting the rental" (Fla. Stat. § 212.03(1)(a)).

Question 42

Can a landlord deny a tenant for criminal or credit history in Florida?

Accepted Answer

Florida preempts local regulation of residential tenancies, expressly including "the screening process used by a landlord in approving tenancies" (Fla. Stat. § 83.425). Florida's Residential Landlord and Tenant Act (Fla. Stat. ch. 83 Part II, reviewed by full-text search on 2026-10-16) does not itself set statewide lookback limits or ban-the-box rules for applicants' criminal or credit history; federal fair-housing and FCRA rules still apply. (Separate employee-background rules for certain public-lodging apartments are not tenant-applicant screening rules.)

Question 43

What is the property manager licensing rule in Florida?

Accepted Answer

In Florida, a person who rents or negotiates the rental of real property for another for compensation is a "broker" and must hold an active real estate license. Operating as a broker without one is a third-degree felony under Fla. Stat. § 475.42(1)(a). Statute text: "appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property" (Fla. Stat. §§ 475.01(1)(a), 475.42(1)(a)).

Question 44

Does a landlord need just cause to evict in Florida?

Accepted Answer

The state landlord-tenant statute (Fla. Stat. ch. 83, part II (Florida Residential Landlord and Tenant Act), full-text search of the act for "just cause," "good cause," "for cause" and "without cause") has no general just-cause (good-cause) requirement for ending a tenancy. Local ordinances or other state or federal laws may still apply. The only "good cause" rule is in the retaliatory eviction section, where a landlord defeats a retaliation defense by proving the eviction is for good cause: "this section does not apply if the landlord proves that the eviction is for good cause" (§ 83.64(3)).

Question 45

What is the tenant buyout disclosures rule in Florida?

Accepted Answer

The state landlord-tenant statute (Fla. Stat. ch. 83, part II (Florida Residential Landlord and Tenant Act), full-text search of the act for "buyout" and payments to vacate) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply. The act mentions buyouts only to say that charges under a "settlement, release, buyout, or accord and satisfaction agreement" are not an early termination fee (§ 83.43(6)).

Question 46

What federal protections does a tenant have after foreclosure in Florida?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 47

What is the manufactured / mobile home parks rule in Florida?

Accepted Answer

Under Florida's Mobile Home Act, a park owner must give each affected mobile home owner (and the homeowners' association board, if any) written notice at least 90 days before any lot rent increase, cut in services or utilities, or change in park rules. The home owner cannot waive the 90-day notice. Statute text: "A park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners’ association, if one has been formed, at least 90 days before any increase in lot rental amount or reduction in services or utilities provided by the park owner or change in rules and regulations." (Fla. Stat. § 723.037(1) (2025)).

Question 48

What is the domestic violence early termination rule in Florida?

Accepted Answer

No state statute giving domestic violence victims an early lease termination right was found in Florida Statutes chapter 83. The chapter does give early termination rights to service members (s. 83.682).

Question 49

Does Florida have rent control?

Accepted Answer

Local governments in Florida may not adopt or keep any measure that controls rents.

Question 50

What is the warranty of habitability in Florida?

Accepted Answer

The landlord must comply with applicable building, housing and health codes, and where none apply, keep the roof, windows, doors, floors, steps, porches, exterior walls, foundations, plumbing and other structural parts in good repair.

Question 51

What disclosures must a landlord give in Florida?

Accepted Answer

At or before the start of the tenancy, the landlord must tell the tenant in writing the name and address of the landlord or a person authorized to receive notices and demands for the landlord.

Question 52

Do landlords need a rental license or registration in Florida?

Accepted Answer

No state statute requiring landlords to register rental units was found in Florida Statutes chapter 83, part II. Section 83.425 preempts regulation of residential tenancies to the state.

Question 53

Can the city inspect my rental property in Florida?

Accepted Answer

No state statute requiring periodic rental inspections was found in Florida Statutes chapter 83, part II. Section 83.425 preempts regulation of residential tenancies to the state.

Question 54

What is the guest & occupancy limits rule in Florida?

Accepted Answer

A full-text search of Fla. Stat. ch. 83 (The 2026 Florida Statutes, landlord and tenant, official text, 2026-11-12) found no statewide requirement on guest stays or occupancy limits. The lease terms control unless another law, including a local ordinance, applies. Local ordinances or other laws outside chapter 83 may still apply.

Florida landlord-tenant law FAQ