Florida landlord-tenant law is built on Florida Statutes Chapter 83, Part II. Florida is often described as landlord-friendly — there is no statewide deposit cap and no rent control — but the deposit refund rules are procedural and carry a penalty that landlords frequently underestimate: missing the deadline can cost three times a month’s rent.
Local rules matter in the big markets. Miami-Dade, Broward, and the Orlando area all have their own landlord-tenant ordinances, and several Florida cities have moved to protect tenants from steep application fees. State law, however, preempts local rent control, so rent itself is set by the lease and the market.
This guide covers deposits, notices, repairs, and evictions in Florida. It is general information, not legal advice.
| Governing law | Fla. Stat. Chapter 83, Part II |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return deadline | 15 days if no deductions; 30 days if landlord files a written notice of intent to impose a claim (Fla. Stat. § 83.49) |
| Penalty for missing the deadline | Forfeits the right to withhold and owes 3× monthly rent (Fla. Stat. § 83.49) |
| Nonpayment notice | 3 days to pay or vacate (Fla. Stat. § 83.56) |
| Month-to-month notice | 15 days to terminate (Fla. Stat. § 83.57) |
Florida Rental Law at a Glance
Florida residential tenancies are governed by Part II of Chapter 83 of the Florida Statutes, which covers deposits, rent, entry, termination, and eviction. The same chapter applies to single-family homes, duplexes, and most apartment buildings. Federal lead-paint disclosure applies to housing built before 1978.
Florida law is procedural where it regulates: deadlines, written notices, and receipts are strictly enforced, and courts apply them literally. A landlord who misses a deposit deadline loses even when the tenant caused the damage.
Security Deposits: The 15-Day and 30-Day Rules
Florida has no statutory limit on the size of a security deposit — the amount is whatever the lease says. At move-in, the landlord must give the tenant a written receipt describing the deposit terms (Fla. Stat. § 83.49(2)).
At move-out, the landlord has 15 days to return the full deposit. If the landlord intends to make a claim against the deposit, they must mail the tenant a written notice of intent within 30 days, then return the balance within 30 days after the tenant receives it (or 15 days after the tenant disputes the claim and the landlord does not respond). Missing these deadlines forfeits the right to withhold anything, and the landlord is liable for three times the monthly rent as damages (Fla. Stat. § 83.49(3)).
The practical rule for tenants: give the landlord a written forwarding address and dispute any deduction in writing. For landlords: calendar the 15-day and 30-day deadlines and never rely on a verbal agreement about the deposit.
Rent Increases and Notices in Florida
Florida has no rent control and no statutory limit on rent increases — state law preempts local rent control. For a fixed-term lease, the rent is locked for the term. For a month-to-month tenancy, either party must give at least 15 days’ notice to terminate (Fla. Stat. § 83.57), and a rent change generally follows the notice period in the lease.
Tenants facing a rent increase should verify it is in writing and check the lease for the notice period. Landlords should issue increases in writing with lease-required notice and keep proof of delivery.
Repairs, Habitability, and Required Disclosures
Florida landlords must maintain the premises in a safe and habitable condition, including working plumbing, electricity, and structural components. Tenants who notify a landlord in writing of a repair need should keep a copy; Florida courts expect landlords to respond within a reasonable time depending on the severity.
Required disclosures include the federal lead-paint form for pre-1978 housing. Florida also requires landlords to install smoke detectors (with a limited tenant responsibility to replace batteries) and, in some jurisdictions, to register or license rental properties. Mold disclosure and mitigation rules matter in Florida’s humid climate — check the current statute text.
Evictions and Termination in Florida
Florida evictions follow the three-day notice: for nonpayment of rent, the landlord serves a 3-day notice to pay or vacate (Fla. Stat. § 83.56(3)), then files an eviction (unlawful detainer) action in county court. Lease violations get a 7-day notice to cure; repeat violations can lead to a 7-day unconditional notice. The court issues the writ of possession, and the sheriff executes it — landlords cannot evict tenants themselves.
Tenants served with an eviction summons should answer in writing by the deadline and, if the claim is rent-related, tender the rent into the court registry if they want to defend. Free help is available through Florida Legal Services and local tenant organizations.
Resolving Disputes in Florida
Deposit and lease disputes up to the county court small-claims limit (check the current amount) are heard in county court. Start with a written demand letter citing the statute and the deadline the landlord missed, then file if the landlord does not respond.
Florida cases are won on documentation: the lease, the deposit receipt, photos of the unit at move-in and move-out, the notice of intent, and proof of mailing. Keep copies of everything.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.