
Florida (FL) law guide
Quick answer
Florida landlord-tenant law is governed by Chapter 83, Part II of the Florida Statutes. There is no cap on security deposits, and landlords must return deposits within 15 days (or send a claim notice within 30 days). Florida has no statewide rent control, and landlords must give 3 days written notice before filing for nonpayment eviction.
Security deposit limit
No cap, any amount is legal
Deposit return deadline
15 days (no claim) or 30-day notice to deduct
Statewide rent control
None, banned by state law
Nonpayment eviction notice
3 days (excluding weekends and holidays)
Florida rental market snapshot
Population
22.6 million
Renter households
32%
Median rent
$2,052/mo (2BR)
Largest rental markets
Miami, Orlando, Tampa, Jacksonville, Fort Lauderdale
Florida added over 20,000 multifamily units in the past year, pushing statewide vacancy to about 6.9% and softening rents in most metros. Miami remains the tightest market at roughly $3,000/mo for a 2BR.
Florida sets no maximum on security deposits. Landlords may charge any amount they choose.
Landlords must store deposits in a Florida bank account (or post a surety bond) and notify tenants in writing within 30 days of where the money is held and how it is being kept.
Florida has no statewide rent control. State law (Fla. Stat. SS 166.043 and SS 125.0103) explicitly bans cities and counties from capping rent. A 2023 state preemption law (HB 1417) also voided roughly 46 local tenant-protection ordinances.
Florida law sets no grace period or late-fee cap. Landlords may charge late fees as agreed in the lease. Withholding rent is not a recognized remedy in Florida; tenants must instead use the repair-and-deduct or lease-termination process.
For nonpayment of rent, landlords must serve a written 3-Day Notice to Pay or Vacate (excluding Saturdays, Sundays, and legal holidays) before filing in court. If the tenant does not pay or leave, the landlord files a complaint in county court.
For a lease violation, landlords must give a 7-Day Notice to Cure (or a 7-day notice to vacate for a non-curable breach). For month-to-month tenancies, either party must give 15 days notice before the end of a rental period.
Landlords must give at least 24 hours notice before entering and may only enter between 7:30 a.m. and 8:00 p.m. except in emergencies. Tenants cannot unreasonably withhold consent.
When a tenant delivers written notice of a maintenance problem, the landlord has 7 days to begin repairs. Failure to act within 7 days gives the tenant grounds to terminate the lease or, after a second notice, repair and deduct (up to one month's rent).
Florida landlords must maintain the unit in a habitable condition: working plumbing, heat, locks, roof, and compliance with health and safety codes (Fla. Stat. SS 83.51). This duty cannot be waived in the lease.
Landlords cannot retaliate against tenants who report code violations, contact a housing agency, or join a tenant organization. Retaliatory rent increases or evictions within 1 year of a protected complaint are presumed to be retaliation under Florida law.
The Fair Housing Act and Florida Civil Rights Act prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status. Florida adds age (40+) and marital status as protected classes.
Tenants may break a lease early without penalty in limited cases: active military deployment (Servicemembers Civil Relief Act), landlord failure to maintain habitability after proper notice, or domestic violence (Florida law provides specific protections). Small-claims court in Florida handles disputes up to $8,000.
This guide is general information, not legal advice. Governing statute: Florida Statutes Chapter 83, Part II. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Florida FAQ
If the landlord makes no deductions, the deposit must be returned within **15 days** of the tenant moving out. If the landlord plans to keep any portion, they must mail a written notice of intent within **30 days**; failure to do so forfeits the right to any deduction.
No. Florida state law bans all local rent-control ordinances under Fla. Stat. SS 166.043 and SS 125.0103. A 2023 preemption law (HB 1417) also eliminated roughly 46 local tenant-protection rules. Landlords may raise rent by any amount with proper lease notice.
At least **24 hours** notice is required, and entry must occur between **7:30 a.m. and 8:00 p.m.** Emergencies are the only exception where landlords can enter without advance notice.
The landlord must first serve a **3-day** pay-or-quit notice (weekends and holidays excluded). If the tenant does not comply, the landlord files in county court. An uncontested eviction typically takes **2 to 4 weeks** from the court filing; contested cases take longer.
Landlords may deduct for **unpaid rent**, **damage beyond normal wear and tear**, and other lease-specified charges. Normal wear and tear (faded paint, minor carpet wear) cannot be charged to the tenant. The landlord must document all deductions in a written notice mailed within 30 days of move-out.
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