Monroe County, Florida landlord rules
What changes, and what doesn't, when your rental is in Monroe County (Key West, Marathon, Islamorada, Key Largo). Most rules come from Florida state law. See the Florida page first.
Beginner tip: start with the Florida state rules. A county only adds a few local extras.
General info, not legal advice. Verify the statute or ask a local attorney. Details
Florida state baseline
Florida's statewide landlord-tenant law (Fla. Stat. ch. 83, Part II) is the main rulebook in Monroe County. Start with our Florida page, then use this page only for local extras.
Florida state rules →
Source: Fla. Stat. ch. 83, Part II · Checked 2026-11-01
HB 1417 preemption (2023)
Since July 1, 2023, the State of Florida alone regulates residential tenancies and the landlord-tenant relationship. Any county or city rule on screening, security deposits, applications and application fees, lease terms, landlord and tenant rights and responsibilities, disclosures, landlord fees, or notice requirements is superseded. The same law raised the month-to-month termination notice from 15 to 30 days.
Source: Fla. Stat. §§ 83.425, 83.57; Ch. 2023-314, Laws of Fla. · Checked 2026-11-01
Who's protected everywhere in Florida
Federal law and the Florida Fair Housing Act already ban housing discrimination based on race, color, national origin, sex, disability, familial status and religion.
Source: Fla. Stat. § 760.23 · Checked 2026-11-01
Local tenant ordinance (after 2023 preemption)
Check with your county. We haven't confirmed this local rule from the official code yet, so we don't state it here. Rules can differ by city too. Monroe County official site → · Florida local codes (Municode) →
Rental registration, licensing and inspections
In unincorporated Monroe County, every rental, long-term or short-term, needs a county business tax license. In Key West, every residential rental needs a City of Key West Business Tax Receipt, and the city says anyone holding one should also get a Monroe County business tax receipt.
Source: Monroe County: Special Vacation Rental Program · City of Key West: licensing FAQs · Checked 2026-11-01
Local fair-housing protected classes
Check with your county. We haven't confirmed this local rule from the official code yet, so we don't state it here. Rules can differ by city too. Monroe County official site → · Florida local codes (Municode) →
Short-term rental rules
Unincorporated Monroe County: a vacation rental is a rental of less than 28 days. The county says it is unlawful in the Improved Subdivision (IS), Urban Residential Mobile Home (URM) and IS-M (Improved Subdivision Masonry) districts; in the IS, URM and URM-L districts, the only exception is a gated community with controlled access and an association that regulates or manages the rentals. Where it is allowed, each unit needs an annual special vacation rental permit ($1,040 application fee for new permits and renewals when we checked on Nov 1, 2026), a yearly fire and life-safety inspection, and a licensed vacation rental manager. Where it isn't allowed, ads must show a 28-day minimum stay. Key West: rentals of 28 days or less are transient. Transient use is allowed only in the HRCC-1, HRCC-3, HCT, HNC-1 and HNC-3 zoning districts, new transient licenses are capped, and a Florida state license is also required. Rentals of 29 days or more are non-transient.
Source: Monroe County: Special Vacation Rental Program · City of Key West: Planning FAQs · Checked 2026-11-01
Cities and towns in Monroe County
Monroe County (the Florida Keys) has five incorporated municipalities: the cities of Key West, Marathon, Key Colony Beach and Layton and the Village of Islamorada. The state lists Key Largo, North Key Largo, Tavernier, Big Pine Key, Stock Island, Big Coppitt Key, Cudjoe Key and Duck Key as census-designated places, not cities. Florida EDR estimates that 39,622 of the county's 84,707 residents (April 1, 2025) live outside city limits, where county rules apply. A city can have its own codes, so check both the city and the county.
Source: Florida Dept. of State: cities within counties · Florida EDR: 2025 population estimates · Checked 2026-11-01
Security deposits
The state rules apply. Fla. Stat. § 83.49 sets no maximum deposit. Hold the money in a separate Florida bank account (interest-bearing or not) or post a surety bond with the circuit court clerk. When the tenancy ends, return the deposit within 15 days if you aren't making a claim. If you are, send written notice of the claim within 30 days, by certified mail or by email under § 83.505. If you rent five or more units, § 83.49(2) also requires a written deposit notice within 30 days of receiving the deposit. Local deposit rules are preempted by § 83.425.
Source: Fla. Stat. §§ 83.49(1)-(3), 83.425 · Checked 2026-11-01
Eviction process
Florida's statewide process applies. For unpaid rent, deliver a written 3-day notice (not counting Saturdays, Sundays and court-observed legal holidays). If the tenant doesn't pay or move out, the landlord files a complaint for possession in the county court of the county where the rental is. Landlords can't lock a tenant out or cut off utilities themselves (self-help eviction). The Monroe County Clerk has civil offices in Key West, Marathon and Plantation Key and posts eviction forms online, including the 3-day notice, complaints, summons, motion for default and writ of possession. Its FAQ says you also file a nonmilitary affidavit. A real estate company acting as the landlord's agent may file, but only on uncontested cases: once the tenant files an answer, the owner must take over.
Official site →
Source: Fla. Stat. §§ 83.56(3), 83.59(2), 83.67 · Monroe County Clerk: Landlord/tenant FAQs · Checked 2026-11-01
Housing authority
The Housing Authority of the City of Key West runs Housing Choice Vouchers (Section 8) for Key West and also operates the Monroe County Housing Authority, including its voucher program. Its About page lists 287 vouchers for the city authority and 204 for the county authority. Both are based at 1400 Kennedy Drive in Key West.
Source: Monroe County Housing Authority: Section 8 · Key West Housing Authority: About · Checked 2026-11-01
Related tools and pages
Florida landlord-tenant law · Florida lease agreement · Late fee calculator · Rent increase calculator · Security deposit kit · Miami-Dade County rules (next door) · Collier County rules (next door)
Sources are official state, county and court sites. Federal rules also apply.
← Back to Florida landlord-tenant law
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the official source and talk to a licensed Florida attorney before acting.
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the official source and talk to a licensed Florida attorney before acting.