Florida is known for being a landlord-friendly state. With high rents in many areas, no state-wide rent control laws, and few strict rental regulations, Florida can be an ideal state for real estate investing.
However, landlords are still responsible for understanding the laws and regulations Florida does establish for landlord-tenant relationships. Florida landlord tenant law covers things like what information a landlord must provide to tenants before a lease, the maximum late fee that can be charged for rent, and how quickly landlords must return security deposits after the lease ends. Understanding and following these landlord-tenant laws, which can be found in the Florida state law code, is essential to the success of your rental business.
In this article, we'll cover the most important landlord-tenant laws for Florida landlords to know. However, keep in mind that these laws are subject to change, and the list we provide here is not exhaustive. It's also critical to note that we'll be covering Florida's state laws — not municipal or local laws. Some cities or localities in Florida may have additional rental laws, some of which could be stricter than state regulations. If you have questions about local Florida statutes or need advice during a landlord-tenant dispute, seek appropriate legal guidance from an experienced real estate attorney.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
NEW! 2025 Florida Rental Laws
The following new rental laws passed in Florida in recent years:
Month-to-month tenancy notice periods (HB 1417): Florida landlords must now give month-to-month tenants at least 30 days' notice (up from 15) before terminating the lease agreement. The change came into effect on January 1, 2024.
Fees in lieu of security deposits (HB 133): Enacted in July 2023, this law amended the Florida Residential Landlord and Tenant Act to allow landlords to accept fees in lieu of a traditional security deposit. Traditionally, landlords would deposit money in the amount of around 1-2 months' rent into a separate bank account. If the fee is agreed to by both landlord and tenant, a written agreement must disclose the details of this arrangement.
Florida Quick Facts
Required Disclosures
Lead-based paint Landlord/agent ID Radon Security deposit receipt Fire protection
Rent and Fees
Application Fee Limit: N/A Rent Control: N/A Late Fee Limit: $20 or 20% of monthly rent Grace Period: N/A
Security Deposits
Amount Limit: N/A Interest: N/A Return Within: 15 days
Landlord Entry
Notice: 24 hours’ Permitted Times of Entry: 7:30am-8:00pm
Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability Age Marital status HIV/AIDS Pregnancy
Eviction Notices
Rent Demand Notice: 3-day pay-or-quit notice Notice for Lease Violation: 7-day cure-or-quit notice Unconditional Notice to Quit: 7-day notice to quit
Rights and Responsibilities of Florida Landlords and Tenants
Florida landlords and tenants each have rights and responsibilities under the law. Landlords must provide habitable, safe housing and maintain it properly, while tenants must pay rent on time and look after the dwelling unit while they're living in it. In return, landlords receive monthly income and tenants receive a safe and private place to live. Although the lease agreement is the primary document that defines these rights and responsibilities, it's important to note that lease terms are only enforceable if they are compliant with the law.
Below is a brief overview of the rights and responsibilities of both landlords and tenants as defined by Florida's state laws.
Florida landlords have the right to:
Collect rent as outlined in the lease agreement.
Collect and hold a security deposit within legal limits for the duration of the lease. Florida law does not set a maximum for security deposits, but landlords typically charge one to two month's rent.
Deduct funds from the security deposit for unpaid rent, excessive damage, or outstanding fees.
Screen all tenants, including any individuals added to the lease after move-in.
Access the rental unit with proper notice for inspections, repairs, or showings.
Begin the eviction process if a tenant fails to pay rent, violates lease terms, or engages in illegal activity. You can learn more about Florida's eviction process here.
Set and enforce lease terms regarding pets, guests, parking, and other conditions, as long as they comply with applicable laws.
Florida landlords are responsible for:
Providing safe, habitable housing with secure structures, working utilities, and functional appliances.
Following all applicable health, safety, and building codes at the local and state level.
Addressing maintenance and repair requests within a reasonable timeframe, typically 24-48 hours for emergencies and up to 30 days for non-urgent repairs.
Adhering to fair housing laws, ensuring tenant screening and rental policies are non-discriminatory.
Giving reasonable advance notice before entering the rental unit for non-emergency reasons. In Florida, 24 hours' notice is required.
Maintaining common areas such as hallways, parking areas, and shared facilities.
Paying property taxes and insurance premiums, even if these costs are factored into rent.
Following the proper legal process for evictions, ensuring no tenant is removed without a court order.
Paying rent on time, including any late fees and agreed-upon utility payments.
Following all lease terms, as long as they comply with local and state laws.
Keeping the rental unit clean and safe, ensuring proper sanitation and waste disposal.
Reporting maintenance issues promptly, especially urgent problems.
Handling minor upkeep, such as replacing batteries in smoke and carbon monoxide detectors.
Covering the cost of any damages caused by negligence, whether by the tenant or their guests.
Providing proper notice if they choose not to renew the lease.
Using the property as intended, avoiding unauthorized business operations or unapproved uses.
Florida Required Disclosures
Required disclosures are information landlords are required to disclose to tenants before entering a lease agreement for a rental property. They usually pertain to potential hazards, tenant rights, or landlord policies. In most cases, required disclosures are included in the written rental agreement.
Below are a few of Florida's most important required disclosures:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identity (Fla. Stat. § 83.50). Landlords must disclose in writing the name and address of the person who receives demands and notices. This person is usually the landlord but could also be another person authorized to enter a rental agreement on their behalf, such as a property manager.
Radon (Fla. Stat. § 404.056(5)). Landlords must include a warning about the radioactive gas radon in every rental agreement lasting longer than 45 days. The warning should read: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”
Fire Protection (Fla. Stat. § 719.616). Landlords must notify new tenants of the fire protections made available in buildings over three stories.
Security Deposit Receipt (Fla. Stat. § 83.49(2)). Florida landlords with five or more dwelling units must disclose to tenants in writing where they will hold the security deposit (either an interest-bearing or non-interest-bearing account) within 30 days of receiving it. Landlords are also obligated to report the name of the account depository and state whether the tenant is entitled to interest on the deposit.
In Florida, rent control is prohibited — meaning that no laws restricting the price of rent can be passed except in cases of housing emergencies. This gives landlords the freedom to price their units according to market rates. However, Florida does have a few laws regarding notices for rent increases, the price of late fees, and provisions for tenants to withhold rent if the landlord fails to maintain the property. Below are Florida's most important rent and fee laws.
Rent Payments
Due Date: Rent in Florida is due at the beginning of each rental payment period, unless otherwise agreed. Landlords generally have the ability to establish the terms for rent collection, including future rent payment periods or conditions (Fla. Stat. § 83.46(1)).
Rent Increases: Rent control laws are prohibited in Florida except in housing emergencies, during which rent control may be instated for a one-year period (Fla. Stat. § 125.0103(2)). In general, landlords may increase the rent as they see fit, so long as they give advanced notice. Notice minimums are assumed to follow those for termination notices: 15 days for month-to-month leases, 30 days for quarter-to-quarter leases, and 60 days for annual leases (Fla. Stat. § 83.57). However, a new law in Miami-Dade County requires landlords to give 60 days’ notice for any rent increases greater than 5%.
Grace Period: There is no required grace period Florida enforces.
Fees
Application Fees: There is no set cap on application fees in Florida. Non-refundable application fees are also permitted.
Late Fees: Late fees in Florida must be “reasonable.” A late fee is considered reasonable if it is no more than $20 or 20% of monthly rent, whichever is greater. Landlords must also include the amount and conditions of late fees in the rental agreement (Fla. Stat. § 83.808(3)).
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, landlords may add a fee based on the amount of the check. The landlord may charge $25 for checks $50 or less, $30 for checks between $51 and $300, and either $40 or 5% of the check amount for checks greater than $300 (Fla. Stat. § 68.065(2)).
Tenant Remedies
Withholding Rent: When the landlord fails or refuses to fulfill their obligations to repair and maintain the property, non-residential tenants may serve the landlord a written notice declaring the unit to be untenantable. If the landlord still hasn’t made the repair after 20 days, the tenant may withhold rent for the next rental period and thereafter until the repair is made, at which point the tenant must pay the amounts withheld. If the landlord still refuses, the tenant may abandon the property, keep the withheld rent, and terminate the lease without liability (Fla. Stat. § 83.201).
Florida Security Deposit Laws
Security deposits are highly regulated in most states, yet Florida law does not set a limit on what landlords can charge for them. Florida does require landlords to store deposits separately, pay interest on them in certain cases, and return them within a designated time period.
Deposit Limit: There is no limit on security deposit amounts in Florida.
Interest: No state statute requires Florida landlords to pay interest on security deposits. However, if the security deposit is kept in an interest-bearing account, the tenant should receive interest at either 75% of the annualized average interest rate, or 5% per year, simple interest (Fla. Stat. § 83.49(1)).
Return Within: 15 days, or 30 days after the landlord notifies the tenant of their intention to make a claim against the deposit (Fla. Stat. § 83.49(3a)).
Deposit Location: Florida landlords are required to keep security deposits in a separate bank account (Fla. Stat. § 83.49(1)).
Withholding: Florida landlords may withhold funds from the security deposit for unpaid rent, the costs of repairs caused by tenant damage, and any other charges under the lease agreement. However, landlords only have 30 days to give the tenant written notice (via certified mail) that they are imposing a claim on the deposit. Then, the tenant has 15 days to object to the claim, after which the landlord may collect it and mail the remaining amount (Fla. Stat. § 83.49).
Florida Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in Florida?
The FHA specifically protects tenants from discrimination based on the following seven protected classes. This means that landlords cannot use a tenant's membership in any of the classes below to justify housing decisions:
Race
Color
Religion
Gender
National origin
Familial status
Disability
In addition to these fair housing laws Florida law adds protections for pregnancy, age, marital status, and HIV/AIDS status. (Fla. Stat. § 760.07, 760.23(6), 760.50).
Use of Credit Reports
Florida landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681). which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. Landlords must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in Florida. However, Florida landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Florida law requires landlords to provide advanced notice of at least one day before entering a rental property for a showing, inspection, repair, etc. Florida also restricts the time of day landlords can enter rental properties in order to protect tenants' privacy and quiet enjoyment of the property. Whenever possible, landlords should provide reasonable notice for entry.
Emergency Entry: In case of emergency, entry is permitted without advanced notice (Fla. Stat. § 83.53(2b)).
Florida Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. They're also expensive — court costs can seriously add up. Before deciding to terminate the rental agreement and pursue eviction in Florida, consider hiring an experienced real estate attorney and be sure to review the Florida eviction process in more detail.
If you do pursue an eviction in Florida, the first step is to send a formal, written eviction notice. The length of this notice (the time you must wait after sending it before filing for eviction) varies depending on the circumstance of the eviction. The success of the landlord's claim oftentimes depends on how carefully they followed the legal procedures, starting with the initial eviction notice. Below are Florida's required eviction notices for various situations:
Rent Demand Notice: 3 days to pay or quit. Eviction law in Florida requires landlords to give tenants three days to settle their rent debt or move out (Fla. Stat. § 83.56(3)).
Notice for Lease Violation: 7 days to cure or quit. This notice applies when the tenant violates a condition of the lease, including having unauthorized pets, vehicles, or guests; parking where it is not permitted; or failing to keep the property clean and sanitary (Fla. Stat. § 83.56(2(b))).
Unconditional Notice to Quit: 7 days to quit. This notice applies when the tenant has caused destruction, damage, or misuse to the property, creates an unreasonable disturbance, or commits a second violation of a similar nature within 12 months of the first violation. In any of these cases, the landlord is not required to give the tenant any opportunity to cure the breach (Fla. Stat. § 83.56(2(a))).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Florida, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Florida, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
The average rent rate in Florida is $2,450 per month, according to Zillow.
The median rent rate in Miami is $3,100 per month, about $200 less than it was in 2024.
The average cost of a landlord insurance policy in Florida is about $2,860 per year. This is higher than the national average, but landlords can lower their premiums by minimizing the risk of hurricane damage and choosing properties away from the coast.
Conclusion
Florida offers many advantages and opportunities to rental property owners. But you won't reap the benefits of any without understanding and complying with the state's landlord-tenant laws. This article is a great place to start, but be sure to do your own research on the laws that apply to your Florida rentals and contact legal professional familiar with Florida's laws when necessary. Doing so will lead to longer-lasting tenancies, fewer conflicts, and an overall stronger rental business.
FAQs
What disclosures are Florida landlords required to provide before a lease?
Florida landlords must disclose lead-based paint hazards, landlord/agent identity, radon warnings, security deposit receipt details, and fire protection information for buildings over three stories. For example, landlords must provide a written disclosure of where they hold the security deposit within 30 days of receiving it. Failure to provide required disclosures can lead to legal disputes or financial penalties.
Is there a limit on how much a landlord can charge for a security deposit in Florida?
How much notice should a landlord give before entering a rental unit in Florida?
Florida law requires landlords to give at least 24 hours’ notice before entering a rental unit for inspections, repairs, or showings. Additionally, entry is only allowed between 7:30 AM and 8:00 PM, unless it’s an emergency. Entering without proper notice or at unauthorized times could be considered a violation of tenant rights.
Are there any limits on late fees for rent in Florida?
Yes, late fees must be reasonable, meaning they don't exceed $20 or 20% of the monthly rent, whichever is greater. The lease agreement must clearly outline the late fee amount and conditions for it to be enforceable. Unlike some states, Florida does not require a grace period before charging a late fee.
Can a Florida tenant withhold rent if their landlord fails to make necessary repairs?
Yes, Florida law allows tenants to withhold rent if a landlord fails to maintain the property. Tenants must first give written notice of the issue and allow the landlord 20 days to fix the problem. If repairs are not made, tenants may legally stop paying rent or, in severe cases, abandon the unit without penalty. If this situation comes up in your rental business, your best move is to talk to a real estate lawyer or legal expert.
How much notice must a Florida landlord give for a rent increase?
Florida landlords can raise rent as they see fit, but they must provide notice based on lease type: 15 days for month-to-month leases, 30 days for quarterly leases, and 60 days for annual leases. In Miami-Dade County, a 60-day notice is required for rent increases over 5%. Since Florida prohibits statewide rent control, landlords have flexibility in setting rental prices.
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Hello, What should the pet fee include if it is non-refundable and up to what amount is appropriate, depending on the weight, size, breed or type of pet?
Hello, What should the pet fee include if it is non-refundable and up to what amount is appropriate, depending on the weight, size, breed or type of pet?