Florida Landlord-Tenant Law for DIY Landlords (2026)
Security deposits, late fees, entry notice, the 3-day demand and the eviction timeline in Florida, in plain English for landlords who manage their own rentals.
Last updated
Florida keeps its rental rules in Part II of chapter 83, the Residential Landlord and Tenant Act. A 2023 law doubled the month-to-month notice period and wiped out local rental ordinances. A 2025 law let landlords and tenants swap legal notices by email.
Here is what a small Florida landlord has to get right, with the statute behind each rule.
Security deposits
There is no cap on the amount. Florida sets no ceiling on a security deposit. Part II of chapter 83 does not contain one, and local governments cannot add one (Fla. Stat. § 83.425). Two months is common practice, not law.
Hold it one of three ways. Keep the full amount in a separate non-interest-bearing account at a Florida financial institution, keep it in a separate interest-bearing account and pay the tenant at least 75 percent of the annualized average rate or 5 percent simple interest, or post a surety bond (§ 83.49(1)). Deposit money cannot be mixed with your own funds (§ 83.49(1)(a)).
Tell the tenant where it sits, within 30 days. Put it in the lease or send written notice within 30 days of taking the money, naming the depository holding the deposit or the bond you posted, and stating whether interest is owed (§ 83.49(2)). Delivery can be in person, by mail, or by email under § 83.505.
Include the capitalized disclosure. Florida prescribes a block of all-caps text telling the tenant to leave a forwarding address (§ 83.49(2)(d)). That disclosure and the 30-day notice skip a landlord renting fewer than five dwelling units. The separate account rule and the return deadlines apply to everyone.
15 days to return it if you claim nothing. Once the rental agreement ends, a clean deposit goes back within 15 days, with interest if interest is owed (§ 83.49(3)(a)).
30 days to send a claim. Keeping any part of the deposit means written notice within 30 days of termination, by certified mail to the tenant's last known address or by email, stating the amount and the reason (§ 83.49(3)(a)).
Miss the 30 days and you lose the deposit claim. Fail to give that notice in time and you forfeit the right to impose a claim on the deposit (§ 83.49(3)(a)). Suing separately is still open to you, and costs far more than a calendar reminder.
The tenant then has 15 days to object. No written objection inside that window, and you deduct your claim and return the rest (§ 83.49(3)(a)). In court, the winner collects costs and attorney fees (§ 83.49(3)(c)).
There is a fee-in-lieu option. Since July 1, 2023, you may offer a tenant a monthly fee instead of a deposit, with a required written disclosure (§ 83.491). Offer it to one new tenant on a property and you offer it to all of them.
Late fees and grace periods
Florida law sets no late-fee cap and no statutory grace period for residential rent. Rent is payable at the beginning of each rent period without demand or notice (§ 83.46(1)). Your lease sets the fee and any grace days, and cities and counties cannot set their own limits (§ 83.425).
Rent increases and rent control
Florida bans local rent control outright. No municipality, county or other local government may adopt or keep a measure that has the effect of controlling rents (§ 125.0103). The old housing-emergency workaround came out in 2024. The 2023 preemption hands the state exclusive control over rental agreement terms, fees, disclosures and notice requirements (§ 83.425).
Florida has no statute requiring advance notice of a rent increase. On a month-to-month, the practical route is the 30-day termination notice in § 83.57(3) paired with an offer of new terms.
Entering the unit
You may enter for inspection, repairs, improvements, services, or to show the unit (§ 83.53(1)). For repairs, reasonable notice means at least 24 hours ahead, and reasonable time means between 7:30 a.m. and 8:00 p.m. (§ 83.53(2)). The 24-hour figure replaced 12 hours in 2022. Emergencies, consent and a tenant absent for half a rent period are the exceptions.
Ending a month-to-month tenancy
30 days' notice before the end of the monthly period (§ 83.57(3)). That was 15 days until July 1, 2023. Year-to-year takes 60 days, week-to-week 7 days. For a lease with a fixed end date, any non-renewal notice clause has to sit between 30 and 60 days, and it binds you the same way it binds the tenant (§ 83.575(1)).
When rent isn't paid
Serve a written 3-day demand for the rent or the premises. The three days exclude Saturday, Sunday and court-observed legal holidays (§ 83.56(3)). The statute gives the wording, including the exact sum owed and the address of the rental.
Deliver it by mail, by handing over a true copy, by email under § 83.505 if both sides signed the email addendum, or by leaving a copy at the residence when the tenant is out (§ 83.56(4)). That requirement cannot be waived.
Taking partial rent after posting the notice has consequences. Give a receipt with the balance and date before filing, put the payment in the court registry when you file, or post a fresh 3-day notice for the new amount (§ 83.56(5)(a)).
For lease violations other than rent, you get two forms. A 7-day notice to cure for fixable problems like unauthorized pets or parking, and a 7-day unconditional notice to vacate for conduct that does not deserve a second chance, such as intentional damage (§ 83.56(2)). From October 1, 2026, the second form reaches a person who got in by fraudulent entry under § 817.537(2) (ch. 2026-143).
The eviction timeline
- Notice runs out. Three days for rent, seven for most other defaults.
- File. A complaint goes to the county court where the property sits. A non-attorney agent may file it and do nothing else (§ 83.59(2)).
- Answer. Evictions use summary procedure, so the tenant has 5 days after service to answer (§ 51.011).
- The registry rule. A tenant raising any defense other than payment deposits the rent claimed into the court registry. Skipping it for 5 days waives those defenses and gets you a default with an immediate writ (§ 83.60(2)).
- Writ of possession. The clerk issues it to the sheriff, who posts 24 hours' notice on the property before putting you back in possession. Weekends and holidays do not pause that clock (§ 83.62).
Stay away from self-help. Cutting utilities, changing locks, pulling doors or removing a tenant's belongings exposes you to actual and consequential damages or 3 months' rent, whichever is greater, plus costs and fees (§ 83.67). Retaliating against a tenant who reported code violations is its own violation (§ 83.64).
Repairs and habitability
You keep the property in line with applicable building, housing and health codes, and keep roofs, windows, doors, floors, steps, porches, exterior walls and foundations in good repair (§ 83.51(1)).
For buildings other than single-family homes and duplexes, you handle pest extermination, working locks, clean common areas, garbage removal, heat in winter, running water and hot water (§ 83.51(2)(a)). A single-family home or duplex needs working smoke detection devices at the start of the tenancy (§ 83.51(2)(b)).
A tenant who wants something fixed serves a 7-day written notice describing the problem and the intent to terminate (§ 83.56(1)). Ignore it and the tenant may leave without further rent, or claim a rent reduction.
The short version
- No deposit cap, no late-fee cap, no statutory grace period
- Deposits held in a separate Florida account or covered by a surety bond
- 15 days to return a clean deposit, 30 days to send a written claim
- Miss the 30-day claim notice and the deposit goes back in full
- 24 hours' notice to enter for repairs, 7:30 a.m. to 8:00 p.m.
- 30 days to end a month-to-month, up from 15 since July 2023
- 3-day pay-or-quit notice, excluding weekends and court holidays
- 5 days for the tenant to answer, then a 24-hour sheriff posting
Let Taz handle the paperwork
Taz is an AI property manager for landlords who would rather not live in the statute books. It tracks the 15 and 30 day deposit clocks, sends rent reminders, takes maintenance calls at any hour, and keeps the records a Florida county judge would ask for, for a flat monthly price per door instead of a cut of your rent. See how Taz works.
Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.
This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a Florida attorney before acting on a specific situation. Last checked September 2026.
Sources
- Fla. Stat. § 83.49, security deposits, accounts, notices and deadlines
- Fla. Stat. § 83.491, fee in lieu of security deposit
- Fla. Stat. § 83.46, rent and duration of tenancies
- Fla. Stat. § 83.425, state preemption of local rental regulation
- Fla. Stat. § 125.0103, ban on local rent control
- Fla. Stat. § 83.53, landlord's right of access and 24-hour notice
- Fla. Stat. § 83.57, ending a tenancy with no specific duration
- Fla. Stat. § 83.575, non-renewal notice on a fixed-term lease
- Fla. Stat. § 83.56, termination, the 3-day and 7-day notices
- Fla. Stat. § 83.505, electronic delivery of notices, effective July 1, 2025
- Fla. Stat. § 83.59, right of action for possession
- Fla. Stat. § 51.011, summary procedure and the 5-day answer
- Fla. Stat. § 83.60, rent into the court registry
- Fla. Stat. § 83.62, writ of possession and 24-hour posting
- Fla. Stat. § 83.67, prohibited practices and damages
- Fla. Stat. § 83.64, retaliatory conduct
- Fla. Stat. § 83.51, landlord's obligation to maintain the premises
- Florida Legislature 2026 chapter and effective date report, ch. 2026-143
- Florida Legislature 2025 chapter and effective date report, ch. 2025-16
- FDACS, Landlord/Tenant Law in Florida consumer guide
