BACK

  • Landlord
  • Tenant
State Laws

Florida Landlord Tenant Laws

January 17, 2023

We’d love to connect with you.

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
Fair Housing Protections

Race 
Color 
National origin 
Religion 
Sex 
Familial status 
Disability 
Age  
Marital status 
HIV/AIDS 
Pregnancy 

Entry 

Notice: 24 hours’
Permitted Times of Entry: 7:30am-8:00pm

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

Florida Landlord-Tenant Law 

Understand the essential landlord-tenant laws in Florida before enforcing your own rental policies. Find more information in the Florida state law code. 

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. 

Rent and Fees 

  • Rent Due Date: Rent in Florida is due at the beginning of each rental payment period, unless otherwise agreed (Fla. Stat. § 83.46(1)). 
  • Application Fees: There is no set cap on application fees in Florida. Non-refundable application fees are also permitted. 
  • 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%. 
  • 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)). 
  • Grace Period: There is no required grace period Florida enforces.
  • 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)). 
  • 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). 

Security Deposits 

  • 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). 

Tenant Screening and Fair Housing Protections 

Protected Classes 

  • Among the federal landlord tenant laws, the Fair Housing Act is one of the most significant. This law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). 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). 

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. 

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. 

Entry 

Eviction Notices 

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Florida, consider hiring an experienced real estate attorney and be sure to review the Florida eviction process in more detail.

  • 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))).

Other Laws and Facts About Florida 

  • The average rent rate in Florida is $1,779 per month. 
  • The median rent rate in Miami is $3,800 per month, almost $925 more than it was in 2021. Miami’s rent average is also 75% higher than the national average. 
  • The average cost of a landlord insurance policy in Florida is about $2,300. 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. 

Leave a Reply

Your email address will not be published. Required fields are marked *

Get all the latest articles and information via email:

More in Learning Center

Announcements

Innago Releases Return Security Deposit Online Fea...

Renting your property to a stranger is risky. Even with the best tenant screenin...

September 18, 2023

Getting Started As A New Landlord

The Best Websites to Use When House Hunting

A Guide To House Hunting Sites In today’s digital age, house hunting has b...

January 29, 2024

Tenant Screening

Legal Reasons to Deny a Tenant Application

When Is It Acceptable To Deny A Tenant? The tenant screening process is designed...

January 29, 2024