Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in Florida handle everything from security deposits to termination notices so you can navigate these with ease.
This article is not intended to be exhaustive or a substitute for qualified legal advice. Florida rental laws and statutes are always subject to change, and may vary by county or city. You are responsible to perform your own research and comply with all Florida laws applicable to your unique situation.
If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Florida. The Florida state bar association may have a referral service that can help you find a lawyer with experience in Florida landlord-tenant law.
Security Deposit:
- Security Deposit Maximum: No Statute (49)
- Security Deposit Interest: Not required, but allowed. If interest is being collected, it must be in a Florida banking institution, and the tenant receives 75% of the annualized average interest rate, or 5% simple interest each year, dependent upon what the landlord chooses (49 (1a-b)). No interest is due to a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term (83.49 (9)).
- Separate Security Deposit Bank Account: Landlords are not allowed to commingle funds (49 (1a-b)). Landlords are also allowed to post a surety bond (83.49 (1c)).
- Pet Deposits and Additional Non-refundable Fees: No Statute, but a landlord can charge a tenant a pet deposit after reaching an oral or written agreement with the tenant.
- Deadline for Returning Security Deposit: 15 days if full refund, 30 days if withholding any amount (49 (3a)).
- Require Written Description / Itemized List of Damages and Charges: Yes, and landlord must send notice using exact language found in Florida Statute 49 (3a).
- Receipt of Security Deposit: Required to be given to the tenant within 30 days. Landlord must identify the manner in which the money is being held, and what the interest rate is, if any. Florida has specific rules pertaining to the receipt notification, read Statute 49(2-3) carefully.
Florida Lease, Rent & Fees:
- Rent Increase Notice: No Statute (46)
- When Rent is Due: At the beginning of each period and without demand or notice, unless a different agreement is reached. Rent is uniformly apportionable from day-to-day (46(1)).
- Application Fees: No Statute.
- Late Fees: A landlord may charge a “reasonable” late fee of $20 or 20% of the monthly rent, whichever is greater. A landlord may also charge tenants a fee for any expenses accrued resulting from collecting late rent or enforcing a lien. (808)
- Returned Check Fees: If payment is returned by a financial institution, landlord can impose a service charge of $25 if the face value does not exceed $50; $30 if the face value is between $50 and $300; $40 if the face value exceeds $300, or 5 percent of the face amount of the check, whichever is greater (065).
- Prepaid Rent: No Statute (46)
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, after the tenant provides written notice to the landlord that repairs are needed. The landlord has 20 days to make necessary repairs before the tenant is able to withhold rent. The tenant must pay the withheld rent once the repairs are made (201). Essential services are defined in Statute 83.51.
- Tenant Allowed to Repair and Deduct Rent: No Statute
- Landlord Allow to Recover Court and Attorney’s Fees: The right to attorney fees cannot be waived in the lease agreement (83.48, 83.55)
- Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Landlord has no obligation to rerent during a breach of lease by tenant. For specific requirements, read Statute 595.
Florida Notices and Entry:
- Notice to Terminate a Lease – Yearly Lease: Not less than 60 days prior to the end of any annual period (57(1)).
- Notice to Terminate a Lease – Quarter to Quarter: Not less than 30 days prior to the end of any quarterly period (57(2)).
- Notice to Terminate a Lease – Month-to-Month: Not less than 15 days prior to the end of any monthly period (57(3)).
- Notice to Terminate a Lease – Week-to-week: Not less than 7 days prior to the end of any weekly period (57(4)).
- Notice of date/time of Move-Out Inspection: No Statute
- Termination of Lease for Nonpayment: 3 days Notice, excluding Saturday, Sunday, and legal holidays. Specific language must be included in the notice, which is found in Statute 56(3).
- Notice of Eviction for Lease Violation: Tenant has 7 days to remedy the issue or landlord can file for eviction and terminate lease (56(2)).
- Required Notice before Entry: 12 hours, unless otherwise agreed upon (53(2)).
- Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 12 hours (53(2))
- Emergency Entry Allowed without Notice: Yes (53(2b))
- Entry Allowed During Tenant’s Extended Absence: Yes (53(2d))
- Notice to Tenants for Pesticide Use: No Statute
- Lockouts Allowed: No (67(2))
- Utility Shut-offs Allowed: No (67(1))
- Penalty for a Self-Help Eviction: A landlord who performs a self-help eviction shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (67(6))
- Proper Notice for Abandoned Property: Yes, first-class mail, pre-paid postage (104), using the specific language found in Statutes 715.105, or 715.106. Review Statutes 715.104 – 705.111 for specific instructions and requirements for abandoned property.
Florida Disclosures and Miscellaneous Notes:
- Landlords are not allowed to evict tenants without going through the legal process (aka self-help evictions). Penalty is actual damages to tenant or 3 months’ rent – whichever is greater (67(6)).
- The landlord shall, at or before the commencement of the tenancy, provide the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf (50(2)).
- Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” (056(5))
- Landlord shall not prevent the tenant from displaying a United States Flag (67(4)).
- Landlord is not responsible for personal property left on the premise after death of tenant if the following clause is included in the signed lease agreement: “By signing this rental agreement, the tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by Chapter 83, Florida Statutes, the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.” (67(5))
- Landlord is not allowed to include clauses in the lease that force either party to waive or forfeit rights, remedies, requirements, or liabilities set forth by law (47).
- It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant (64).
- Retaliation is considered if action is taken on a tenant who (1) has filed an official complaint to a Government Authority, (2) has organized, encouraged, or participated in a tenants’ organization, (3) has complained to the landlord pursuant to Statute 64, or (4) is a servicemember who has terminated a rental agreement pursuant to Statute 83.682.
