Florida Landlord-Tenant Laws: A 2026 Guide for Landlords and Tenants

Florida's landlord-tenant relationship for residential rentals is governed primarily by Part II of Chapter 83 of the Florida Statutes, the Florida Residential Landlord and Tenant Act. This guide summarizes the core rules for security deposits, rent and fees, notice and entry, landlord and tenant duties, required disclosures, eviction, and squatters/adverse possession, with links to the official Florida Statutes for each point.

This guide is not comprehensive, is not legal advice, and does not warrant the accuracy of third-party information. Statutes change, and counties and cities may have additional rules in areas the state has not preempted. If you are dealing with a landlord-tenant dispute, consult a qualified Florida attorney.

Where Florida's Landlord-Tenant Rules Come From

Florida's core landlord-tenant statutes are:

• Fla. Stat. §§ 83.40-83.683 — Part II of Chapter 83, the Florida Residential Landlord and Tenant Act, covering residential dwelling rentals.

• Fla. Stat. § 82.036 — the limited alternative remedy for removing unauthorized occupants (squatters) from residential property, created in 2024.

• Fla. Stat. §§ 95.16 and 95.18 — the adverse possession statutes.

Since a 2023 amendment, the regulation of residential tenancies and the landlord-tenant relationship is preempted to the state (Fla. Stat. § 83.425).

Florida Security Deposit Rules

Florida sets no maximum on security deposits or advance rent. The landlord must hold the money in a non-interest-bearing account, an interest-bearing account (paying the tenant at least 75% of the annualized average interest rate or 5% simple interest per year, whichever the landlord elects), or a surety bond, and may not commingle it with other funds (Fla. Stat. § 83.49(1)).

Within 30 days of receiving the deposit or advance rent, the landlord must give written notice disclosing where it is held and whether it earns interest (Fla. Stat. § 83.49(2)).

Since July 1, 2023, a landlord may also offer a tenant the option to pay a nonrefundable fee in lieu of a security deposit, including the option to pay any deposit in monthly installments, subject to detailed written disclosures and a signed agreement (Fla. Stat. § 83.491). A tenant may switch to paying a security deposit instead at any time.

If the landlord does not intend to make a claim against the deposit, it must be returned within 15 days after the lease ends. If the landlord intends to claim against it, the landlord must send the tenant written notice of the claim by certified mail or e-mail within 30 days, or forfeit the right to keep any of the deposit (Fla. Stat. § 83.49(3)(a)). There is no Florida law prohibiting non-refundable fees, such as pet fees, or limiting their amount.

Rent, Late Fees, and Other Charges

Unless the parties agree otherwise, rent is payable without demand, is due at the beginning of each rent period, and is apportionable from day to day (Fla. Stat. § 83.46(1)). Florida has no rent control law. There is no statute requiring a particular rent payment method or requiring notice of a rent increase between lease terms.

Part II of Chapter 83 does not set a statutory cap on late fees for a standard residential lease. The commonly cited "$20 or 20% of monthly rent" late-fee benchmark comes from Fla. Stat. § 83.808(3), but that section is in Part III of Chapter 83 and by its terms applies only to self-service storage space and mobile home lot rentals, not standard residential dwelling leases. For a standard residential lease, a late fee must be stated in the written lease and is otherwise governed by ordinary contract-law reasonableness principles rather than a specific statute.

For a returned or dishonored check, a landlord may collect any bank fees actually incurred plus a service charge of $25 if the check's face value is $50 or less, $30 if it is more than $50 but not more than $300, $40 if it is more than $300, or 5% of the face value, whichever is greater (Fla. Stat. § 68.065(2)).

Notice to End a Tenancy

A fixed-term lease ends on the date stated in the lease; no additional notice is required. A tenancy without a specific term may be ended by either party giving written notice as follows:

• Year-to-year: at least 60 days' notice before the end of the annual period.

• Quarter-to-quarter: at least 30 days' notice before the end of the quarterly period.

• Month-to-month: at least 30 days' notice before the end of the monthly period.

• Week-to-week: at least 7 days' notice before the end of the weekly period.

(Fla. Stat. § 83.57.) The month-to-month notice period increased from 15 days to 30 days under a 2023 amendment to this statute. Separately, a rental agreement with a specific duration may require either party to give 30 to 60 days' notice about whether the lease will renew, and may allow liquidated damages if a tenant fails to give that notice (Fla. Stat. § 83.575).

When Can a Landlord Enter the Rental Unit?

A tenant may not unreasonably withhold consent for the landlord to enter to inspect the premises, make agreed or necessary repairs, supply agreed services, or show the unit to prospective purchasers, mortgagees, tenants, workers, or contractors (Fla. Stat. § 83.53(1)). To enter for repairs, the landlord must give reasonable notice — at least 24 hours — and enter only between 7:30 a.m. and 8:00 p.m. The landlord may enter at any time to protect or preserve the premises, and may enter without the tenant's consent in an emergency, when the tenant unreasonably withholds consent, or when the tenant has been absent for at least half the rental period (Fla. Stat. § 83.53(2)). A landlord may not abuse the right of access or use it to harass a tenant.

Landlord and Tenant Duties Under Florida Law

Under Fla. Stat. § 83.51, a landlord must comply with applicable building, housing, and health codes or, if none exist, keep structural components in good repair and the plumbing in reasonable working condition, and must keep screens in reasonable condition at the start of the tenancy and repair them annually as needed. For a dwelling other than a single-family home or duplex, unless otherwise agreed in writing, the landlord must also make reasonable provisions for pest extermination, locks and keys, clean and safe common areas, garbage removal, and heat, running water, and hot water; a landlord may install smoke detectors as a separate obligation for single-family homes and duplexes. These obligations may be modified in writing for a single-family home or duplex.

Under Fla. Stat. § 83.52, a tenant must comply with applicable health and safety codes, keep the unit clean and sanitary, remove garbage properly, keep plumbing fixtures clean and in repair, use facilities and appliances reasonably, not destroy or damage the landlord's property, and not unreasonably disturb neighbors.

Required Landlord Disclosures in Florida

• The name and address of the landlord or a person authorized to receive notices, disclosed in writing at or before the start of the tenancy (Fla. Stat. § 83.50).

• Written notice of where any security deposit or advance rent is held, within 30 days of receipt (Fla. Stat. § 83.49(2)).

• A statutory radon gas notice before executing a lease (Fla. Stat. § 404.056(5)).

• A written flood-risk disclosure at or before executing a lease of one year or longer, a requirement added by a 2025 law; if the landlord fails to comply and the tenant suffers substantial flood damage, the tenant may terminate the lease within 30 days of the loss (Fla. Stat. § 83.512).

• For pre-1978 housing, disclosure of known lead-based paint hazards and an EPA information pamphlet attached to the written lease, as required by federal law (42 U.S.C. § 4852d).

Renters' Rights if a Landlord Breaches Its Duties

If a landlord materially fails to comply with its maintenance duties or material lease terms, the tenant may deliver written notice specifying the issue; if the landlord does not remedy it within 7 days, the tenant may terminate the rental agreement (Fla. Stat. § 83.56(1)).

Separately, if the landlord is sued for possession based on nonpayment of rent, the tenant may defend on the ground of the landlord's material noncompliance with its maintenance duties, after giving the landlord 7 days' written notice of the noncompliance and the tenant's intent not to pay rent for that reason; the court then reduces the rent owed to reflect the reduced value of the unit during the noncompliance (Fla. Stat. § 83.60(1)).

Florida law also prohibits a landlord from raising rent, decreasing services, or bringing or threatening an action for possession primarily to retaliate against a tenant for complaining to a government agency, complaining to the landlord about a breach of duty, organizing or joining a tenant organization, exercising servicemember lease-termination rights, or exercising fair housing rights (Fla. Stat. § 83.64).

Florida Eviction Laws

A landlord may seek to evict a tenant for nonpayment of rent, violation of lease terms, or holding over after the rental agreement ends without the landlord's consent.

• Nonpayment of rent: a 3-day written notice (excluding weekends and legal holidays) demanding rent or possession (Fla. Stat. § 83.56(3)).

• Lease violation: generally a 7-day notice to cure, though noncompliance that should not be given a chance to cure, or that recurs within 12 months of a prior warning, allows the landlord to terminate with a 7-day notice to vacate and no opportunity to cure (Fla. Stat. § 83.56(2)).

• Holdover tenancy: the landlord uses the applicable termination notice; once the tenant remains after that notice period, the landlord may proceed without further notice, and may recover double rent for the holdover period (Fla. Stat. § 83.58).

Florida law specifically prohibits a landlord from cutting off utilities, preventing a tenant's reasonable access to the unit (including changing locks), removing outside doors, walls, or windows except for maintenance, or removing a tenant's belongings except after surrender, abandonment, or a lawful eviction (Fla. Stat. § 83.67). A landlord who violates this section is liable for the tenant's actual and consequential damages, or three months' rent, whichever is greater, plus costs and attorney fees, and a violation is treated as irreparable harm for purposes of an injunction. Either party may also recover any other damages caused by the other's noncompliance with the lease or Chapter 83 (Fla. Stat. § 83.55).

Squatters and Adverse Possession in Florida

Outside of the new sheriff-removal process, a person may still claim adverse possession. Under a claim founded on a written instrument, judgment, or decree, possession for 7 years establishes adverse possession once the instrument is recorded (Fla. Stat. § 95.16).

Without a written instrument, a person claiming adverse possession must be in actual, continued possession under a claim of title for 7 years, pay all outstanding property taxes within 1 year of taking possession, file a notarized return describing the claim with the county property appraiser within 30 days of that tax payment, and continue paying property taxes for all remaining years of the claim (Fla. Stat. § 95.18). A person who occupies or attempts to occupy a residential structure solely based on an adverse possession claim before filing that return commits criminal trespass, and a person who occupies such a structure and offers it for lease to someone else commits theft.

Where to Get Help

• The Florida Senate — Florida Statutes, Chapter 83

• Florida Department of Agriculture and Consumer Services — Landlord/Tenant Law Summary

• Florida State Courts — Self-Help Resources

• U.S. Department of Housing and Urban Development — Florida Tenant Rights

• The Florida Bar — Rights and Duties of Landlords and Tenants

• Florida Law Help — Free Legal Aid Resources

This article is provided by PayRent for general informational purposes and is not legal advice. Florida laws change, and how they apply can depend on your specific circumstances — always confirm current requirements with the official Florida Statutes or a licensed attorney before acting. Learn more about how PayRent helps landlords collect rent and track payments at payrent.com.