Florida Landlord-Tenant Laws
Florida is landlord-friendly, with no rent control and fast evictions. The deposit rules are where landlords get caught out.
Here is what matters, in plain English.
- Month-to-month notice
- 15 days
- Deposit return
- 15 days, no claim
- Deposit claim notice
- 30 days
- Notice before entry
- 12 hours
Notice Requirements
Termination Notices
- Month-to-month: 15 days before end of monthly period
- Week-to-week: 7 days notice
- Quarterly: 30 days notice
- Annual: 60 days notice
Pay or Quit Notices
- 3-day notice: Non-payment (excludes weekends/holidays)
- 7-day cure notice: Fixable lease violations
- 7-day unconditional: Repeat violations or non-curable issues
Entry Notice
12 hours minimum before entering. Must be at a reasonable time. Emergency or abandonment? No notice needed.
Security Deposit Rules (This Is Where Florida Gets Complicated)
Required Within 30 Days
Within 30 days of receiving the deposit, you must notify tenant in writing: how the deposit is held, where it's held (bank name), and interest rate if applicable.
Holding Options
- Option 1: Non-interest-bearing account in FL bank
- Option 2: Interest-bearing account (tenant gets 75% of interest or 5% simple interest annually)
- Option 3: Post surety bond for deposit amount
Return Timeline
- 15 days: If no claim, return full deposit
- 30 days: Send written notice of claim
- 15 days: Tenant can object to your claim
- 30 more days: After no objection, return balance
Allowable Deductions
- • Unpaid rent
- • Damage beyond normal wear and tear
- • Breach of lease provisions
- • Cleaning if unit not returned in same condition
Miss the 30-Day Claim Notice?
If you don't send your claim notice within 30 days, you forfeit the right to make any deductions. You must return the full deposit.
No Rent Control
Florida prohibits rent control statewide. Cities cannot enact it. This means:
- No limit on rent increases. Raise rent to market rate at any time (with proper notice).
- No just cause required. End month-to-month tenancies with 15 days notice. No reason needed.
- No application fee limits. Charge what covers your screening costs (but refund excess).
Note: You cannot increase rent during a fixed-term lease unless the lease allows it. Month-to-month tenants get 15 days notice of increases.
Florida Eviction Process
- 1Serve proper written notice (3 or 7 days)
- 2Wait for notice period to expire
- 3File eviction complaint in County Court
- 4Serve tenant with summons (5 days to respond)
- 5Get default judgment or attend hearing
- 6Obtain Writ of Possession
- 7Sheriff posts 24-hour notice, then executes
Timeline
Uncontested evictions take 2-3 weeks. Contested cases take 1-2 months or longer if trial is needed.
Rent Deposit Requirement
If tenant contests non-payment eviction, they must deposit rent into court registry as it comes due. No deposit = automatic default.
Still Illegal
Self-help evictions are illegal in Florida. No changing locks, shutting off utilities, removing belongings, or forcing tenant out without a court order.
What Florida Requires of Landlords
Habitability Standards
- • Comply with building/housing codes
- • Maintain roofs, windows, doors, floors
- • Working plumbing
- • Heating during winter
- • Running hot and cold water
- • Safe common areas
- • Garbage removal and extermination
- • Working smoke detectors
Required Disclosures
- • Lead-based paint (pre-1978)
- • Landlord's name and address
- • Security deposit holding information
- • Radon gas disclosure
- • Fire protection info (high-rises)
Late Fees
- • No statutory limit, must be "reasonable"
- • Courts typically accept 5-10% as reasonable
- • Must be specified in lease
- • Grace periods not required by law
Get Florida-compliant forms
Florida's deposit deadlines are strict and the clock starts at surrender. These are built to the state's requirements, and the PDF is free.