Florida Landlord-Tenant Laws: Rights and Duties for Both Sides

Florida sets most rental rules in one place, Part II of chapter 83 of the Florida Statutes. Since 2023 the state also reserves landlord and tenant rules to itself, so cities and counties can no longer layer their own tenancy rules on top.

Florida landlord-tenant rights at a glance

Rule	Florida	Law
Notice before entry	For repairs, the landlord must give at least 24 hours of notice and enter between 7:30 a.m. and 8:00 p.m., except in an emergency or with the tenant's consent.	Florida Statutes section 83.53
Tenant repair remedies	If the landlord does not meet maintenance duties, the tenant may give written notice and, after 7 days, withhold rent or end the lease, but must pay the withheld rent into court if the landlord sues.	Florida Statutes sections 83.56(1) and 83.60
Retaliation protection	A landlord may not raise rent, cut services or file for eviction mainly to punish a tenant who complained to a code agency, joined a tenant group or used fair housing rights in good faith.	Florida Statutes section 83.64
Late fees	Florida generally does not set a statutory cap on late fees, so the amount comes from the lease and should be reasonable.	Florida Residential Landlord and Tenant Act (no statutory cap)
Grace period	State law generally does not require a grace period before a late fee applies, so the lease controls.	Florida Residential Landlord and Tenant Act (no statewide grace period)
Deadline to return the deposit	With no claim, the deposit is due back within 15 days after the lease ends; to keep any part, the landlord must send written notice of the claim within 30 days.	Florida Statutes section 83.49(3)

Repairs and habitability

Every residential tenancy comes with a duty to keep the home safe and livable. Put repair requests in writing and keep a dated record of each step.

Tenant repair remedies. If the landlord does not meet maintenance duties, the tenant may give written notice and, after 7 days, withhold rent or end the lease, but must pay the withheld rent into court if the landlord sues. (Florida Statutes sections 83.56(1) and 83.60)

Entry and privacy

Notice before entry. For repairs, the landlord must give at least 24 hours of notice and enter between 7:30 a.m. and 8:00 p.m., except in an emergency or with the tenant's consent. (Florida Statutes section 83.53)

Retaliation

Retaliation protection. A landlord may not raise rent, cut services or file for eviction mainly to punish a tenant who complained to a code agency, joined a tenant group or used fair housing rights in good faith. (Florida Statutes section 83.64)

Rent, late fees and grace periods

Late fees. Florida generally does not set a statutory cap on late fees, so the amount comes from the lease and should be reasonable. (Florida Residential Landlord and Tenant Act (no statutory cap))

Grace period. State law generally does not require a grace period before a late fee applies, so the lease controls. (Florida Residential Landlord and Tenant Act (no statewide grace period))

Applications and screening

Federal fair housing law applies everywhere: apply the same written criteria to every applicant, and never screen on a protected characteristic.

Application fees. Florida generally does not set a statewide cap on application fees, and local rules on application fees are preempted. (Florida Residential Landlord and Tenant Act (preemption, ch. 2023-314))

Screening rules. Tenant screening rules are set only by state and federal law, because local screening ordinances are preempted, and screening must follow the federal and Florida fair housing acts. (Florida Statutes section 83.425 and Florida Fair Housing Act (chapter 760))

Disclosures to include with the lease

Disclosures are easiest to get right at lease signing. Other disclosures may also be required by your city or by the property itself, so check before you sign.

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. Every rental agreement must include the statutory notice about radon gas. (Florida Statutes section 404.056(5))

Required disclosures. The landlord or the person authorized to manage the property must give the tenant a name and address for notices and demands. (Florida Statutes section 83.50)

Required disclosures. Landlords with five or more units must tell the tenant in writing within 30 days where the deposit is held and whether it earns interest. (Florida Statutes section 83.49(2))

Required disclosures. Landlords must give prospective tenants a disclosure about the property's flood risk and flood history. (Florida Residential Landlord and Tenant Act (flood disclosure))

Security deposits in brief

Deposit limit. Florida law does not cap the amount of a security deposit. Since 2023 a landlord may also offer a monthly fee in place of a deposit. (Florida Statutes sections 83.49 and 83.491)

Deadline to return the deposit. With no claim, the deposit is due back within 15 days after the lease ends; to keep any part, the landlord must send written notice of the claim within 30 days. (Florida Statutes section 83.49(3))

Mistakes to avoid

• Entering a unit without the notice the lease or the law requires.
• Letting a written repair request sit without a reply or a plan.
• Leaving required disclosures out of the lease packet.
• Applying screening criteria differently from one applicant to the next.
• Raising rent or ending a tenancy soon after a complaint without a documented, unrelated reason.