This is a summary of Florida Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the 2022 Florida Statutes and various online sources to serve as a reference for people wanting to learn about Florida landlord-tenant laws, Florida eviction laws, and Florida renters’ rights.
However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.
There is no Florida law limiting security deposits.
No. There is no Florida law requiring security deposits to earn interest, but it is permitted. If interest is being collected, the money must be held in a Florida banking institution. The tenant must receive 75% of the annualized average interest rate, or 5% simple interest each year, whichever the landlord chooses. (Fla.Stat. § 83.49(1))
Yes. Landlords are prohibited from commingling security deposit funds with other funds. (Fla.Stat. § 83.49(1))
No. There is no Florida law forbidding non-refundable fees or limiting the amount that landlords can charge.
15 days if the tenant is due a full refund; 30 days if any amount of the deposit is withheld. (Fla.Stat. § 83.49(3)(a))
Yes. Landlords can use the deposit to cover accrued rent and to repair damages. (Fla.Stat. § 83.49(3)(a))
Yes. Landlords must send a written notice listing the reason for imposing a claim on the security deposit by certified mail to the tenant’s last known address within 30 days. The notice must use specific language, which is listed in the statute. (Fla.Stat. § 83.49(3)(a))
Yes. Within 30 days, landlords must give written notice to the tenant which includes disclosure of the advance rent or security deposit and contains specific disclosure language, which is listed in the statute. (Fla.Stat. § 83.49(2))
No. There is no Florida law specifying record-keeping requirements.
If the landlord fails to give the required notice within the 30 days, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit. (Fla.Stat. § 83.49(3)(a))
No. There are no rent control laws in Florida.
Rent is due at the time and place agreed upon by the landlord and tenant. Unless they agree to a different arrangement, rent is due at the beginning of the month and will be paid in equal monthly installments. For week-to-week tenancies, rent is due every week. (Fla.Stat. § 83.46)
No. There is no Florida law requiring a certain payment method for rent.
Yes. Landlord may charge a “reasonable” late fee of $20 or 20% of the monthly rent, whichever is greater. Landlord may also charge tenants a fee for any expenses accrued resulting from collecting late rent or enforcing a lien. (Fla. Stat. § 83.808(3)).
No. There is no Florida law requiring a grace period before assessing late fees.
Yes. There is no Florida law forbidding application fees or limiting the amount that landlords can charge.
Yes. Landlords can collect bank fees incurred, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. (Fla.Stat. § 68.065(2))
No. There is no Florida law requiring landlords to provide tenants with notice of rent increases between lease terms. However, landlords cannot raise your rent in the middle of your lease.
No. There is no Florida law requiring landlords to provide tenants with notice of pesticide use on the rental property.
No notice is required — the lease ends on the date stated in the lease.
Either the landlord or the tenant can terminate the lease with 7 days written notice. (Fla.Stat. § 83.57(4))
Either the landlord or the tenant can terminate the lease with 15 days written notice. (Fla.Stat. § 83.57(3))
Either the landlord or the tenant can terminate the lease with 30 days written notice. (Fla.Stat. § 83.57(2))
Either the landlord or the tenant can terminate the lease with 60 days written notice. (Fla.Stat. § 83.57(1))
There is no statute in Florida law covering this issue.
To enter to repair the premises, the landlord must provide notice at least 12 hours in advance, and enter between the hours of 7:30 a.m. and 8:00 p.m. There is no specific notice requirement for any of the other reasons for entry. (Fla.Stat. § 83.53(2))
If a landlord fails to comply with the rental agreement or the landlord’s duties, the renter may deliver a written notice to the landlord identifying the issue(s). If the landlord does not remedy the breach within 7 days of receiving notice, the tenant may terminate the lease. (Fla.Stat. § 83.56(1))
Yes. If a landlord fails to comply with the landlord’s duties under the lease and applicable law, the tenant may provide written notice to the landlord that the premises are wholly untenable and specifically describing the issue(s). If the landlord does not correct the issue(s) within 20 days, the tenant may withhold rent until the repair or maintenance has been performed. (Fla.Stat. § 83.201)
Florida law prohibits landlords from increasing rent, decreasing services, or bringing or threatening to bring an action for possession or other civil action primarily to retaliate against the tenant for complaining to a governmental agency; complaining to the landlord about a breach of landlord’s duties; or organizing, encouraging, or participating in a tenant organization; or if the tenant is a servicemember who has terminated a rental agreement, tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand from the association in order to pay landlord’s obligation to the association, or tenant has exercised his/her rights under local, state, or federal fair housing laws. (Fla.Stat. § 83.64(1))
No. If a landlord evicts a tenant using self-help methods, the landlord is liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. (Fla.Stat. § 83.67)
Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.
Florida has no specific laws recognizing squatters.
If squatter continuously occupies the property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, for 7 years and either holds color of title or pays taxes, he/she can claim adverse possession. If the property is divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. The property deemed possessed if it is usually cultivated or improved, protected by substantial enclosure, it has been used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant, or when a known lot or single farm has been partly improved, the part that has not been cleared or enclosed according to the usual custom of the county is to be considered as occupied for the same length of time as the part improved or cultivated. (Fla. Stat. § 95.16).
If the squatter has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, he/she can claim adverse possession if the squatter paid all outstanding taxes and matured installments of special improvements liens levied against the property within 1 year after entering into possession: made a return of the property by proper legal description to the property appraiser of the county where it’s located within 30 days after paying taxes; and has subsequently paid all taxes and matured installments of special improvements liens levied against the property for all remaining years. (Fla. Stat. § 95-18).
