Landlord laws
Florida landlord-tenant law
Florida Statutes, Chapter 83, Part II (Residential Tenancies), 2026 edition
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | Not specified in state statute. Florida law sets no maximum security deposit. We checked every section of Part II (§§ 83.40–83.684). | Fla. Stat. § 83.49 | Not in statute |
| Deposit return deadline | If you aren't keeping any of the deposit, return it within 15 days after the tenant moves out. If you are making a claim, send written notice by certified mail (or by e-mail under § 83.505) within 30 days. The tenant then has 15 days to object. If you miss the 30-day notice, you lose the right to make a claim against the deposit. | Fla. Stat. § 83.49(3) | Verified |
| Deposit holding and interest | Hold the deposit in a separate Florida bank account, either non-interest-bearing or interest-bearing, or post a surety bond. With an interest-bearing account, the tenant gets at least 75% of the account's interest or 5% simple interest a year, whichever you choose. With a bond, the tenant gets 5% simple interest a year. Never mix deposits with your own money. | Fla. Stat. § 83.49(1) | Verified |
| Late fee cap and grace period | Not specified in state statute. Florida statutes set no late-fee cap and require no grace period. We checked every section of Part II. Put the fee in the lease and keep it reasonable. Rent is due without demand on the due date. | Fla. Stat. § 83.46(1) | Not in statute |
| Landlord entry notice | For repairs, give at least 24 hours' notice and enter between 7:30 a.m. and 8:00 p.m. You may enter at any time to protect the property or in an emergency, and also with consent or if the tenant unreasonably refuses. Never use access to harass the tenant. | Fla. Stat. § 83.53 | Verified |
| Rent increase notice | Not specified in state statute. No statute requires a specific rent-increase notice. We checked every section of Part II. You can't raise rent during a fixed-term lease unless the lease allows it. To change terms on a month-to-month tenancy, you need at least 30 days' written notice before the end of a monthly period, the same notice that ends the tenancy. | Fla. Stat. § 83.57(3) | Not in statute |
| Rent control status | Rent control is preempted statewide. Counties and cities may not adopt or keep any measure that controls rents (amended 2023 and 2024). Landlord-tenant matters are also preempted to the state. | Fla. Stat. §§ 125.0103(2), 166.043, 83.425 | Verified |
| Eviction notice: nonpayment | Give a 3-day written notice to pay or leave. The 3 days don't count Saturdays, Sundays or court-observed legal holidays. | Fla. Stat. § 83.56(3) | Verified |
| Eviction notice: lease violation | For a violation the tenant can fix, give a 7-day notice to cure. For one that can't be cured, give a 7-day notice to leave. That covers intentional damage, continued disturbance, a repeat within 12 months, or fraudulent entry (added effective Oct 1, 2026). | Fla. Stat. § 83.56(2); ch. 2026-143 | Verified |
| Required disclosures | Give the tenant the landlord's or agent's name and address for notices (§ 83.50). Give a deposit notice with the required statutory text within 30 days or in the lease (§ 83.49(2); required for landlords with 5 or more units). Include the radon gas notice (§ 404.056(5)). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | Fla. Stat. §§ 83.50, 83.49(2), 404.056(5); 40 CFR 745.113 | Verified |
| Fair housing beyond federal law | No added classes statewide. The Florida Fair Housing Act protects race, color, national origin, sex, disability, familial status and religion, the same classes as federal law. Local ordinances may add more. | Fla. Stat. § 760.23 | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
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View kit →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.