Florida Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Florida sets no cap on how much a landlord may collect as a security deposit. However, the law does set firm return deadlines: if there are no deductions, the deposit must be returned within 15 days; if the landlord plans to make a claim, the tenant must receive written notice within 30 days and the remaining balance must be returned after that. For entry to make repairs, landlords must give at least 24 hours' notice, and that entry is limited to the hours of 7:30 a.m. to 8:00 p.m.

Security deposits in Florida

Florida law (Fla. Stat. ch. 83, Part II) imposes no dollar cap or month-of-rent cap on security deposits. A landlord may require as large a deposit as they choose, and the lease should specify the exact amount. Because there is no cap, renters in Florida should confirm the deposit amount before signing.

The return rules are more specific. If the landlord has no deductions to make, the full deposit must be returned within 15 days of the tenancy ending. If the landlord intends to make a deduction, they must mail the tenant an itemized written notice of the claim within 30 days. If that 30-day notice is not sent on time, the landlord forfeits the right to make any deductions and must return the full deposit.

Deposits must be held in a Florida bank in a separate account or secured by a surety bond, and the landlord must tell the tenant in writing within 30 days of receiving the deposit where the money is held. That disclosure requirement does not apply to a landlord who rents fewer than five individual dwelling units, and the statute states plainly that failure to give the notice is not a defense to the payment of rent when due.

Be careful about what forfeiture actually covers. The only failure that costs a Florida landlord the right to make deductions is missing the 30-day written notice of intent to impose a claim. Commingling a deposit or skipping the account-location disclosure does not forfeit deductions on its own; the tenant's remedy there is an action for damages, and a landlord licensed under chapter 509 can also face fines or license discipline.

Allowed deductions include unpaid rent, damage beyond normal wear and tear, and cleaning costs spelled out in the lease. Normal wear and tear (minor scuffs, carpet fading, small nail holes) is not deductible.

When can a landlord enter? Notice rules

Florida's notice rule is narrower than it is usually described. Under Fla. Stat. 83.53(2), a landlord who enters to make repairs must give reasonable notice, which the statute defines as notice given at least 24 hours before the entry, and that entry must happen between the hours of 7:30 a.m. and 8:00 p.m. The 24-hour rule and the time window are tied to entry for the purpose of repair, not to every kind of entry.

The statute lists other reasons a landlord may need access, including inspecting the premises, supplying agreed services, and showing the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. For those, the landlord may enter when the tenant consents, in an emergency, when the tenant unreasonably withholds consent, or when the tenant is absent from the unit for a period equal to half the time for periodic rental payments (that last one does not apply if the rent is current and the tenant notified the landlord of an intended absence). A tenant may not unreasonably withhold consent to those entries.

The notice should be provided in a way the tenant can actually receive it, such as a written note, text, or phone call. Verbal notice satisfies the statute, but written notice is better practice for both sides.

There is an emergency exception. A landlord may enter without notice when there is an actual emergency, such as a water main break, fire, or similar urgent situation that threatens property or safety. The statute also permits entry at any time for the protection or preservation of the premises.

A landlord who enters repeatedly without notice or harasses a tenant by abuse of entry rights may be found to have constructively interfered with the tenancy, which the tenant can raise as a defense in an eviction or use as grounds to terminate the lease.

Ending a lease: notice to vacate

To end a month-to-month tenancy in Florida, either the landlord or the tenant must give at least 30 days' written notice. This rule took effect on July 1, 2023 under Fla. Stat. 83.57, raising the prior 15-day requirement to 30 days. The notice must specify the date on which the tenancy will terminate.

For week-to-week tenancies, only 7 days' notice is required by either party.

Fixed-term leases (such as a one-year lease) automatically end on the specified date without any notice requirement, unless the lease has a holdover or auto-renewal clause. If a tenant stays beyond the lease end date and the landlord accepts rent, the tenancy may convert to a month-to-month arrangement.

If the reason for termination is nonpayment of rent or a lease violation, the required notice periods and procedures are different. See the Florida eviction notice page for the rules on 3-day notices to pay or quit and the formal eviction process.

Repairs and the warranty of habitability

Florida sets landlord maintenance duties by statute in Fla. Stat. 83.51. Every landlord must comply with applicable building, housing, and health codes. Where no such codes apply, the landlord must keep the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and other structural components in good repair and capable of resisting normal forces and loads, and keep the plumbing in reasonable working condition.

A second set of duties is narrower than many summaries suggest. Extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs, along with locks and keys, clean and safe common areas, garbage removal, and running water, hot water, and heat, are required only of the landlord of a dwelling unit other than a single-family home or duplex. A duplex contains more than one dwelling, but the statute expressly carves it out, so tenants of a duplex or a single-family rental do not get those particular duties from this section. The lease can still require them, and building or health codes may reach the same conditions.

Florida has no repair-and-deduct statute. A tenant may not hire a contractor and subtract the bill from the rent. The remedies for a landlord's material failure to comply with 83.51(1) are set out in Fla. Stat. 83.56(1) instead.

That section requires the tenant to deliver written notice specifying the noncompliance and indicating the tenant's intention to terminate the rental agreement because of it. If the landlord does not comply within 7 days after delivery of that notice, the tenant may terminate the rental agreement. If the unit is left uninhabitable and the tenant vacates, the tenant is not liable for rent during the period the unit remains uninhabitable. If the tenant stays in a unit that is habitable but still noncompliant, the rent for the period of noncompliance is reduced in proportion to the loss of rental value.

Tenants should document all repair requests in writing (by text, email, or certified mail) and keep copies. Oral requests are harder to prove if the dispute goes to court or a security-deposit hearing.

Rent, late fees, and rent control

Florida does not cap late fees by statute. A landlord may charge any late fee that is included in the lease agreement. Best practice is for the lease to specify the dollar amount of the late fee and the number of days after the due date before the fee is charged (a grace period of 3 to 5 days is common, but it is not legally required).

Rent-increase notice requirements are not set by statewide statute in Florida; the amount of notice required is whatever the lease specifies. For month-to-month tenancies, a rent increase effectively requires the same 30-day notice needed to change any lease term.

Florida preempts local rent control entirely. In 2023, the legislature passed legislation clarifying that no Florida city or county may enact rent stabilization or rent control ordinances, even in a declared housing emergency. Earlier local rent-control referenda (including a 2022 Orange County vote) were blocked by the state. Tenants cannot benefit from any local rent cap in Florida.

If you have a landlord-tenant dispute in Florida

The first step in any Florida landlord-tenant dispute is documentation. Keep all correspondence with your landlord in writing. Send repair requests and deposit-return demands by email or certified mail so there is a dated record.

For security-deposit disputes, the Florida small claims court system (County Court) handles cases involving $8,000 or less. The filing fee is modest and no attorney is required, though one is allowed. When a landlord fails to follow the 15-day or 30-day deposit return rules, the tenant may recover the full deposit plus court costs.

The Florida Department of Agriculture and Consumer Services does not regulate landlord-tenant relationships directly, but the Florida Attorney General's office publishes guidance on tenant rights. Many counties also have a housing or tenant-assistance hotline.

If a dispute involves habitability or a serious code violation, you can file a complaint with your local code enforcement office or housing authority. Code inspections are often free and can create an official record of conditions.

For complex disputes, violations of multiple statutes, or retaliation claims, consulting a licensed Florida attorney is advisable. Florida Bar Referral Service (floridabar.org) can help locate attorneys who handle residential landlord-tenant cases.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related: Landlord-Tenant Laws by State (hub) | Florida Eviction Notice | Florida Squatters Rights

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