At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Landlords may charge any amount |
| Rent control? | No | State preemption prohibits local rent control |
| Required notice to raise rent? | 30 days (month-to-month) | Written notice required |
| Lease required in writing? | Yes, for leases > 1 year | Oral leases valid for shorter terms |
| Landlord entry notice? | 12 hours | Reasonable notice required; 12 hours is the minimum |
Security Deposits
Florida does not impose a statutory limit on the amount a landlord may collect as a security deposit. However, the law sets strict requirements for how deposits must be held and returned.
Landlords must hold security deposits in one of three ways: (1) in a separate non-interest-bearing account in a Florida banking institution, (2) in a separate interest-bearing account (paying the tenant interest annually or crediting it to rent), or (3) by posting a surety bond with the clerk of the circuit court.
Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of the manner in which the deposit is being held, including the name and address of the depository.
Landlords must return the deposit within 15 days if no deductions are claimed, or within 30 days if deductions are claimed (with a required itemized notice sent by certified mail within 30 days).
Eviction Procedures
Florida requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Notice: For nonpayment of rent (excluding weekends and legal holidays)
- 7-Day Notice (with cure): For curable lease violations, giving the tenant 7 days to correct the issue
- 7-Day Notice (unconditional quit): For repeated violations of the same lease term within a 12-month period
- 15-Day Notice: For termination of a month-to-month tenancy without cause
If the tenant does not comply or vacate after the notice period, the landlord must file an eviction lawsuit (unlawful detainer) in county court.
Rent Control
Florida has a state preemption statute that prohibits local governments from imposing rent control or price controls on residential properties except under very limited emergency conditions. This means no city or county in Florida can enact rent control ordinances under normal circumstances.
A local government may only impose temporary rent control after declaring a housing emergency, and it must expire after a specified period.
Lease Agreements
Florida does not require a written lease for tenancies of one year or less. However, any lease for longer than one year must be in writing to be enforceable under the Statute of Frauds. Written leases are recommended for all tenancies to clearly define the rights and obligations of both parties.
Required Disclosures
Florida landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Security deposit holding: The manner in which the deposit is held and the name/address of the depository
- Radon gas: A specific radon gas disclosure statement as required by Florida law
- Owner/agent identity: The name and address of the landlord or authorized agent
- Fire protection: Whether the building has fire protection or sprinkler systems
cite: Fla. Stat. § 83.40 et seq.
Tenant Rights
Florida provides important protections for tenants:
- Habitability: Landlords must maintain rental units in compliance with applicable building, housing, and health codes, including working plumbing, hot water, heating, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as complaining to a government agency about code violations
- Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, familial status, and other protected categories under the Florida Fair Housing Act
- Right to privacy: Landlords must provide at least 12 hours' notice before entering a tenant's unit and may only enter at reasonable times
- Repair and deduct: Florida law allows tenants to withhold rent if the landlord fails to maintain the premises in a habitable condition, after providing at least 7 days' written notice