Florida landlord tenant law sets the legal rights and responsibilities that landlords, tenants, and property managers in Florida must follow, with key rules found primarily in Chapter 83 of the Florida Statutes and federal fair housing law. Both landlord and tenant in Florida have certain legal obligations they must adhere to, including required disclosures, maintenance and habitability standards, security deposit rules, lease termination requirements, and the eviction process.
Whether you're just getting started or need a clearer understanding of your options during a tenancy, this overview explains the Florida Landlord and Tenant laws that shape daily rental issues such as withholding rent, small claims disputes, housing discrimination, and how to maintain a lawful tenancy agreement. Knowing these rules helps both sides protect their rights, avoid costly disputes, and keep rental housing fair and habitable.
Required Landlord Disclosures Under Florida Law
When renting out a property in Florida, there are certain disclosures that you must make to your renter before they can sign the tenant's lease or rental agreement. The disclosures are as follows:
Landlord’s Identity
Florida landlords must advise their renter of their identity or the identity of the person authorized to act on their behalf.
Presence of Radon Gas
Dangerous levels of radon gas have been found in some buildings in Florida. When inhaled, radon gas can cause cellular changes in lung tissue that can eventually lead to lung cancer. So, before signing the lease or taking occupancy, a landlord must provide a prospective tenant with the required notice about the potential presence of radon gas under Florida landlord-tenant law.
Fire Protection Availability
If you are renting a building that has at least 3 stories, you must make this disclosure.
Security Deposit Storage
As rental property owners in Florida, you have three options when it comes to storing your tenant’s security deposit. You can deposit money in a normal account at a Florida banking institution, a separate interest-bearing account, or post it as a surety bond. But, whichever route you choose you must let your renter know how you're storing their deposit.
Rent Details
Under Florida law, you must also let your tenant know important details concerning their periodic rental payments. For example, the dollar amount, when the tenant should pay the rent, where to pay rent (landlord's address), and what forms of payment they can use. Transparency and communication are key to a successful tenancy and a positive landlords-tenants relationship.
Tenants’ Rights & Responsibilities Under Florida Laws
A tenant in Florida has a right to:
- Live in peace and quiet in accordance with the Covenant of Quiet Enjoyment. Under Florida residential tenancies governed by Chapter 83 of the Florida Statutes, tenants generally have the right to peaceful enjoyment of the property without unreasonable disturbance.
- Live in a safe home with essential utilities and structural safety, in compliance with basic habitability standards and applicable housing and health codes.
- Be notified when the landlord is looking to enter their rental. Specifically, the landlord shall give at least 24 hours' notice before entering a unit for repairs, except where the law allows otherwise.
- Have rental property repairs made within a reasonable period of time.
- Remain in their rental until due process is followed, since landlords cannot evict tenants without a court order in Florida.
- A landlord cannot change locks or otherwise shut a tenant out without a court order.
- Exercise their rights when the landlord has failed in their responsibilities. For example, a tenant can withhold rent if the landlord fails to keep their rental properties in livable conditions.
- Exercise their rights when the landlord has failed in their responsibilities. For example, a tenant can withhold rent if the landlord fails to keep their rental properties in livable conditions.
- Retaliation for asserting legal rights is prohibited under Florida law.
- Be treated respectfully and fairly in accordance with Florida Fair Housing Laws.
When it comes to tenant's duties, they are as follows:
- Comply with all terms of the rental agreement. For example, a tenant must pay rent on time, ensuring no unpaid rent for the entire duration of the rent payment period.
- Comply with housing, building, and health codes.
- Keep the rental unit clean and sanitary at all times.
- Notify the landlord when if they intend to leave the dwelling unit vacant for an extended period of time.
- Notify the landlord when looking to vacate their rental premises.
Landlords’ & Responsibilities in Florida
Landlords in Florida also have rights which include a right to:
- Receive proper written notice from a tenant looking to vacate their rented premises or end their tenancy.
- Be notified when maintenance issues arise.
- Enforce all terms of the written rental agreement or lease.
- Evict a tenant for violation of the written lease, which generally begins with written notice for curable breaches, while serious or repeated violations may justify termination with less opportunity to cure. For instance, if a tenant is guilty of unpaid rent, refuses to return possession of the premises, or causes serious property damage.
When it comes to landlord responsibilities, they are as follows:
- Maintain premises to habitable standards in accordance with the Florida Warranty of Habitability.
- Provide reasonable notice to the tenant prior to entry. Also, the reason and time of entry must be within reason.
- Adhere to security deposit rules when it comes to storing and returning their tenant's deposit.
- Adhere to all terms of the written agreement.
- Provide eviction notice to the tenant in accordance with Florida law.
Overview of Florida Landlord-Tenant Laws
Fair Housing Act
The Office of Fair Housing and Equal Opportunity (FHEO) enforces fair housing Florida laws. This act protects a renter from discrimination on housing-related matters based on some protected characteristics. Protected characteristics include race, color, religion, sex, national origin, disability, and familial status.
Lease Termination
If a renter wants to terminate the rental agreement, they must provide their landlord with proper written notice. What counts as proper notice depends on the tenancy type and the reason for termination.
For example, for a month-to-month tenancy, either party must give at least 15 days' written notice before the end of the rental period. However, under certain circumstances, if the tenant's lease has been signed, then they must provide their landlord with a minimum of 30 days' notice where the agreement requires it. A tenant may terminate the rental agreement after seven days' written notice for landlord noncompliance.
For a one-year lease, a landlord must provide the required flood disclosure before the lease starts, and this disclosure requirement applies by October 1, 2025.
Small Claims Court
Disputes between a tenant and their landlord aren't uncommon, for examples issues relating to rent payment. When all attempts at conflict resolution have failed, an aggrieved party in a lease agreement can seek help from a small claims court.
In Florida, lawsuits filed in a small claims court shouldn't exceed the dollar amount of $5,000 to cover county court costs and other filing fees. Tenants can sue in Small Claims Court to recover a security deposit or other disputed amount. The prevailing party may recover court costs and attorney's fees where allowed, so the losing party should bear those costs under some conditions.
Withholding Rent
As previously mentioned, landlords have many responsibilities under lease agreements. One such responsibility is ensuring the rental property meets all the basic health and safety codes Florida requires.
For example, if landlords fail to repair a broken heater, the Florida Landlord-Tenant law gives the tenant several legal options to pursue. The tenant may decide to break the lease agreement citing the landlord's failure to maintain habitable premises, or the tenant can decide to withhold rent if the landlord fails to comply within seven days after receiving the tenant's written notice, and only after following that statutory notice process before taking additional action or giving further notice.
Security Deposit Laws
Landlords must abide by certain rules when it comes to the tenants security deposit or advance rent deposit. After a tenancy ends and a tenant moves out of the rental property, a landlord must return the security deposit within 15 days after move-out if there are no deductions, or send the landlord's notice of claim within 30 days after move-out if deductions are sought.
If the landlord intends to impose a claim against the deposit, the tenant has 15 days to object in writing to the landlord's claim. Deposits may be applied to unpaid rent or damages beyond normal wear and tear. If no objection is made within that period, the landlord may keep the claimed amount. If the landlord misses the 30-day claim notice deadline or otherwise fails to follow these deposit rules, the landlord forfeits the right to claim against the deposit.
Tenants in Florida have the right to be notified once the landlord receives their deposit money. Florida Landlord-Tenant law doesn't place a limit on how much a landlord can charge for a security deposit.
Landlords in Florida have several options for storing a tenant's security deposit during the lease term. The options are: placing it in a normal account, an interest-bearing account, or posting the deposit as a surety bond.
Bottom Line
It's important to be familiar with Landlord-Tenant Laws and its relevant Florida statutes pertaining to fair housing. The Florida Residential Landlord and Tenant Act governs the rental of residential dwelling units, and Florida statutes preempt conflicting local landlord-tenant rules. Knowing your rights and the rights of your tenants is critical to the success of your investment. However, handling legal matters and staying up-to-date on legal amendments can be tricky!
For nonpayment of rent, notices must be in writing and delivered by mail or email where the parties have agreed in writing, and the landlord must give a written three-day notice before filing for eviction, excluding weekends and legal holidays. Landlords must file an eviction lawsuit and cannot remove a tenant without a court order. Minor lease violations generally require a 7-day notice to cure, while some non-curable violations can lead to eviction without an opportunity to cure.
We can help! Our team at Sun-Pro Realty and Management is comprised of industry experts who are well versed in all aspects of Florida's Landlord-Tenant laws. Contact us today for more information.
Tenants have five days to respond to an eviction complaint served by the landlord or the landlord's attorney, and court communications may also need to be sent to the landlord's attorney. If the landlord wins possession of the dwelling, the court may issue a writ of possession, and the tenant must vacate within 24 hours after it is posted.
Disclaimer: This information is not a substitute for expert legal advice. If you have a specific question or need any other type of assistance, please get in touch with a qualified attorney or an experienced property management company.
