Florida Landlord Laws Cheat Sheet (2026 Update)
Last updated April 23, 2026 · Reading time: 10 minutes · Written by Jon C. Schmitt, Licensed Florida Real Estate Broker & Owner, True Patriot Property Management
Quick answer: Florida landlord-tenant law is governed by Florida Statute Chapter 83, Part II. Key 2026 rules: security deposits must be returned within 15 days if no claim is made or 30 days with written notice; late fees must be reasonable and disclosed in the lease; the notice to pay rent or vacate is 3 business days (not 3 calendar); month-to-month tenancies require 30 days’ written notice from either party; rent increases have no statutory cap but must be noticed in writing; evictions are governed by F.S. 83.56; and the 2023 Live Local Act preempted local rent control ordinances statewide. This cheat sheet summarizes every rule a Florida rental owner needs to know, with the statute number next to each.
Florida landlord tenant law governs every rental
relationship in the state and getting it wrong
can cost you thousands in forfeited deposits,
dismissed evictions, and tenant lawsuits.
Florida is one of the more landlord-friendly states in the country, but “friendly” doesn’t mean “lawless.” Every eviction I’ve ever lost in 20 years of property management was lost on a technicality a bad notice, a missing receipt, an improper deposit disposition. The statute is not long. Read it once, bookmark this page, and you’ll never lose the case you should have won.
This is a cheat sheet, not a legal treatise. For anything nuanced, consult a Florida real estate attorney. Nothing below is legal advice it’s what a licensed broker explains to new owners in their onboarding call.
1. Florida Landlord Tenant Law: Chapter 83 Part II Explained
All residential rental relationships in Florida are governed by Florida Statute Chapter 83, Part II Florida Residential Landlord and Tenant Act. Commercial tenancies are governed by Chapter 83, Part I. Mobile home lot rentals are governed by Chapter 723. Hotel/motel stays under six months are governed by Chapter 509.
If your rental is a single-family home, townhome, condo, duplex, or apartment, Part II is your entire world.
2. Security Deposits The Most-Litigated Section
Governed by F.S. 83.49. This is where most landlords get sued. The rules are not hard follow them exactly. See our full property management cost breakdown to understand how True Patriot handles deposits on your behalf.
Where you can hold the deposit
- Non-interest-bearing account in a Florida banking institution, separate from the landlord’s other funds;
- Interest-bearing account in a Florida banking institution tenant gets 75% of the interest annually or 5% simple interest (landlord’s choice); or
- Posted with a surety bond in the amount of the deposit at the county clerk where the property is located, paying the tenant 5% simple interest annually.
The 15-day / 30-day / 60-day rule
- 15 days if you intend to return the full deposit, you must return it within 15 days after the tenant vacates.
- 30 days if you intend to claim any portion, you must send written notice by certified mail to the tenant’s last known address within 30 days, itemizing the claim. The tenant then has 15 days to object in writing.
- 60 days if the tenant objects, the landlord must either release the disputed amount or file suit. Miss the 30-day notice and you forfeit the right to claim anything.
Mandatory disclosure in the lease
The lease must include the statutory disclosure verbatim explaining the tenant’s right to dispute. Missing this disclosure exposes you to a claim for the full deposit regardless of damages.
3. Notices to Tenant Get the Days Right
Governed by F.S. 83.56 and 83.57.
| Situation | Notice required | Statute |
|---|---|---|
| Non-payment of rent | 3 business days (excludes weekends and legal holidays) | 83.56(3) |
| Non-curable lease violation (e.g., unauthorized occupant, property damage) | 7 days unconditional quit | 83.56(2)(a) |
| Curable lease violation (e.g., unapproved pet, noise) | 7 days cure or quit | 83.56(2)(b) |
| Month-to-month termination, either party | 30 days written notice | 83.57(3) |
| Week-to-week termination | 7 days written notice | 83.57(4) |
| Year-to-year (fixed term) early termination | 60 days written notice | 83.57(1) |
| Quarter-to-quarter termination | 30 days written notice | 83.57(2) |
“Three business days” is one of the most common technical losses I see. If rent is due on the 1st and the tenant doesn’t pay, you cannot serve the 3-day notice until the 2nd, and the three days exclude Saturday, Sunday, and any legal holiday. File an eviction on day two of a notice that should have been five and the judge will dismiss it making you start over and eat another month of rent.
4. Late Fees and Rent Increases
Florida has no statutory cap on late fees, but case law requires they be reasonable (5–10% of monthly rent is the accepted range) and explicitly disclosed in the lease. A late fee not disclosed in the lease is not collectable.
Rent increases
- Fixed-term lease: No increase allowed during the term. At renewal, you may increase by any amount with adequate notice (30 days minimum under most lease clauses).
- Month-to-month: Any increase requires 60 days’ advance written notice under F.S. 83.575 for tenancies that have lasted more than one year.
- Rent control: Prohibited statewide by the 2023 Live Local Act (Senate Bill 102), which preempted all local rent control ordinances.
5. Habitability The Landlord’s Duty
Governed by F.S. 83.51. The landlord must:
- Comply with applicable building, housing, and health codes;
- Maintain the roof, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads;
- Maintain the plumbing in reasonable working condition;
- In rentals other than single-family homes and duplexes, also provide extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs, locks and keys, clean common areas, garbage removal, and running water with reasonable hot water.
For single-family homes and duplexes, the last category (extermination, garbage, water heater) may be shifted to the tenant by written agreement in the lease but only by written agreement. Don’t assume.
6. Entry and Privacy
Governed by F.S. 83.53. The landlord may enter the dwelling:
- With the tenant’s consent;
- In case of emergency;
- When the tenant unreasonably withholds consent; or
- If the tenant is absent from the premises for a period of at least one-half the time for periodic rental payments.
Entry for repairs, inspection, or showing the unit requires 12 hours’ notice and must be made at a reasonable time statutorily defined as between 7:30 a.m. and 8:00 p.m.
7. Retaliatory Conduct The Trap Most Landlords Miss
Governed by F.S. 83.64. A landlord may not retaliate against a tenant who has:
- Complained to a governmental agency about a code violation;
- Organized or been a member of a tenants’ union;
- Complained to the landlord about a habitability issue; or
- Exercised rights under the lease or Chapter 83.
Retaliation is presumed if a landlord takes action (eviction, rent increase, reduction of services) within one year of the protected activity. Presumption can be rebutted, but the burden shifts to the landlord.
The most common version: tenant calls code enforcement, landlord files eviction the following month. Even if the eviction is technically valid, the retaliation defense can tie it up for 90 days.
8. Eviction The Actual Process
Governed by F.S. 83.59. Florida is a “non-self-help” state only a court and the Sheriff may remove a tenant. You may not change the locks, shut off utilities, remove the tenant’s belongings, or otherwise “self-evict” under F.S. 83.67. Doing so exposes you to statutory damages of at least 3 months’ rent plus attorney’s fees.
The timeline (non-payment case, uncontested)
- Day 1 (after non-payment): Serve 3-business-day notice.
- Day 5-6: File Complaint for Eviction with the county court. Filing fee ≈ $185 + service.
- Day 10-15: Tenant has 5 business days to respond after service, and must deposit disputed rent into the court registry.
- Day 20-25: If no response, landlord files Motion for Default Judgment. Judge issues Final Judgment and Writ of Possession.
- Day 28-35: Sheriff posts 24-hour notice on the door, then removes the tenant.
Uncontested evictions typically run 3–5 weeks in Palm Beach and Collier counties. Contested cases can stretch to 60–90 days.
9. Lease Requirements
Florida does not require a written lease for tenancies of less than one year, but operating without one is a poor risk. A Florida residential lease should include, at minimum:
- Names of all adult occupants;
- Full property address;
- Rent amount, due date, payment method, and late-fee schedule;
- Security deposit amount and statutory disclosure (F.S. 83.49(3));
- Lease term and termination notice requirements;
- Party responsibilities for utilities, landscaping, pest control, and pool maintenance;
- Radon gas disclosure (required by F.S. 404.056);
- Lead-based paint disclosure (federal, for pre-1978 construction);
- Florida landlord’s name and address for notices (F.S. 83.50).
10. Florida Landlord Tenant Law Changes 2025-2026 Every Owner Must Know
- Live Local Act (SB 102, effective 2023–2024): Statewide preemption of rent control. Local governments cannot cap rent increases, even in emergencies.
- HB 1417 (2023): Preempted local governments from regulating residential tenancies beyond state law meaning local source-of-income ordinances, mandatory application-fee caps, and similar are unenforceable.
- Property insurance reforms (SB 2A, 2023): Changes to assignment of benefits and attorney-fee recovery affect how landlords file and defend insurance claims after storms.
- Short-term rental rules (HB 1537, 2024): Added state-level registration requirements for rentals under 30 days. Local STR ordinances are grandfathered.
Jon’s Take: Florida changes its landlord law every session usually small tweaks, occasionally big ones. The owners who get burned are the ones using a 2019 lease template and a 2019 notice form. Refresh both every January. If you use a property manager, this is literally what you pay them for.
Frequently Asked Questions
How long does a landlord have to return a security deposit in Florida?
Under Florida Statute 83.49, 15 days if the full deposit is being returned, or 30 days with a certified written itemized notice of claim if any portion is being withheld. Missing the 30-day window forfeits the right to claim against the deposit.
Is there a grace period for rent in Florida?
Florida law does not mandate a grace period. Rent is due on the date specified in the lease. A grace period, if offered, is a matter of lease contract, not statute. The 3-business-day notice to pay or vacate may be served the day after rent is due.
Can a Florida landlord raise rent during a lease?
No. A fixed-term lease locks rent for the entire term. On month-to-month tenancies lasting over one year, 60 days’ advance written notice is required for an increase under F.S. 83.575.
Can a tenant withhold rent in Florida for repairs?
Only by following the procedure in F.S. 83.56(1): written 7-day notice to the landlord, opportunity to cure, and deposit of rent into the court registry if enforcement is pursued. Self-help withholding without this procedure is a lease default.
How long does an eviction take in Florida?
An uncontested non-payment eviction typically takes 3 to 5 weeks in Palm Beach and Collier counties. Contested cases can extend to 60 to 90 days.
Does Florida have rent control?
No. The 2023 Live Local Act (SB 102) preempts local rent control ordinances statewide. Florida has no cap on rent increases for market-rate housing.
Your Next Step
Print this page. If your current lease doesn’t include the statutory disclosures, if your notice forms are pre-2023, or if you can’t lay hands on proof of your last security-deposit return, fix those three things this week.
True Patriot Property Management is a family-owned, licensed Florida brokerage serving Palm Beach County and Collier County. Our agreements, notices, and disclosures are refreshed every January to match current Florida law. If you’d like a licensed broker to review your current lease at no cost, we’re glad to.
Book a free lease review or explore our Boynton Beach property management services and our Naples property management services
Serving Palm Beach County (Boynton Beach, Delray Beach, Boca Raton, West Palm Beach, Wellington, Jupiter) and Collier County (Naples, Marco Island, Bonita Springs).
Legal disclaimer: This article is for general informational purposes only and does not constitute legal advice. Florida landlord-tenant law is complex and fact-specific. Consult a licensed Florida real estate attorney for advice about your situation.
About the author: Jon C. Schmitt is the Broker/Owner of True Patriot Property Management, a family-owned firm headquartered in Boynton Beach, Florida. Licensed by the Florida Department of Business and Professional Regulation under Chapter 475.