Florida Landlord Law 2026: Deposit Deadlines, Statute 83

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Florida-specific rules — security deposit deadlines, required disclosures, late fee provisions, and eviction notice requirements — automatically enforced for every Florida property.

Florida's landlord-tenant relationship is governed by the Florida Residential Landlord and Tenant Act (FL Statute Chapter 83, Part II), which applies to most residential rental agreements in the state. Florida is widely considered one of the most landlord-friendly states in the country. Here's everything you need to know.

Security deposits in Florida

Key details:

• Florida does not cap the amount a landlord can collect as a security deposit. In practice, most landlords charge one to two months' rent
• Landlords have three options for holding security deposits under FL Statute 83.49:

1. Non-interest-bearing account in a Florida banking institution

2. Interest-bearing account — landlord must pay the tenant either 75% of the annualized average interest rate or 5% simple interest per year (landlord's choice)

3. Surety bond posted with the clerk of the circuit court for the amount of the deposit, paying 5% interest per year to the tenant

• Within 30 days of receiving the deposit, you must notify the tenant in writing of which method you chose, the name and address of the depository, and whether the account is interest-bearing or non-interest-bearing
• If there are no deductions, you must return the full deposit within 15 days after the tenant vacates
• If you intend to impose a claim on the deposit, you must send written notice by certified mail within 30 days after the tenant vacates. The notice must include the specific reasons for the claim
• The tenant then has 15 days from receipt of the notice to object in writing. If they do not object, you may deduct from the deposit
• If you fail to give the required 30-day notice, you forfeit your right to impose a claim on the deposit
• Keep all receipts, photographs, and documentation of damages — Florida courts require landlords to prove that damage exceeded normal wear and tear

Eviction process in Florida

Florida eviction follows a strict legal process governed by FL Statute 83.56 and 83.59. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in the tenant recovering damages plus attorney's fees.

Step 1: Serve proper notice

Important 3-day notice rules:

• The 3-day notice for nonpayment excludes weekends and legal holidays — so 3 business days
• The notice must specify the exact amount of rent owed and cannot include any other charges (late fees, utilities, etc.)
• The notice must state that the tenant must either pay the rent or surrender possession

Step 2: File an eviction complaint

If the tenant does not comply with the notice, file an eviction complaint (also called a complaint for removal) in the County Court. Filing fees range from approximately $185 to $300 depending on the county.

Step 3: Tenant's response

The tenant has 5 business days to respond to the complaint. If the tenant does not respond, you can request a default judgment.

Step 4: Court hearing and judgment

If the tenant responds, the court will schedule a hearing. The judge will determine whether eviction is warranted.

Step 5: Writ of possession

If the court rules in your favor, you will receive a writ of possession. The sheriff posts the writ on the tenant's door, giving them 24 hours to vacate. If they do not leave, the sheriff will remove them.

Total timeline: Expect 2-4 weeks from notice to physical eviction for uncontested cases. Contested cases can take 30-60 days or more.

Late fees in Florida

Key details:

• Florida law does not require a grace period for rent payments. However, many landlords include a 3-5 day grace period in the lease as a best practice
• There is no statutory cap on late fees, but they must be "reasonable." Florida courts have generally upheld late fees of 5-10% of monthly rent. Excessive late fees may be struck down as unenforceable penalties
• The late fee must be specified in the lease agreement — you cannot charge a late fee that is not in the lease
• Florida courts evaluate reasonableness on a case-by-case basis. A $50 late fee on $1,000 rent (5%) is almost certainly reasonable. A $500 late fee on $1,000 rent (50%) would almost certainly be struck down
• Late fees should reasonably relate to the landlord's actual cost of processing a late payment

> Calculate your late fee: Use our free late fee calculator to check if your proposed fee is compliant with Florida law. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.

• Include your late fee policy, amount, and trigger date clearly in the lease to avoid disputes

Lease requirements in Florida

Florida law does not require leases to be in writing for tenancies of one year or less (per the Statute of Frauds). However, a written lease is strongly recommended for all tenancies.

Required lease provisions

While Florida does not mandate specific clauses in a written lease, the following should be included for compliance and protection:

• Names of all tenants and the landlord or authorized agent
• Property address and description of the rental unit
• Lease term (start date, end date, or month-to-month designation)
• Rent amount, due date, and payment method
• Security deposit amount and the depository information
• Late fee terms (amount, when it applies)
• Maintenance responsibilities for both landlord and tenant
• Rules regarding pets, smoking, and guests
• Notice requirements for entry, lease termination, and rent increases
• Military clause — service members have the right to terminate under the Servicemembers Civil Relief Act (federal)

Required disclosures at or before lease signing

1. Lead-based paint disclosure — for properties built before 1978 (federal requirement under 42 U.S.C. 4852d)
2. Security deposit notification — landlord must notify tenant in writing within 30 days of receipt, stating the depository name and address, and whether the account is interest-bearing (FL Statute 83.49)
3. Landlord's name and address — the name and address of the landlord or authorized agent must be disclosed in the lease or posted on the property (FL Statute 83.50)
4. Radon gas disclosure — Florida requires the following specific statement in every lease: "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..." (FL Statute 404.056(5))
5. Fire protection disclosure — if the building does not have fire protection (sprinklers), the landlord should disclose this fact

Maintenance and repairs in Florida

Landlord obligations (FL Statute 83.51)

Florida landlords must:

• Comply with all applicable building, housing, and health codes
• Where there are no applicable codes, maintain the roof, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair
• Maintain plumbing in reasonable working condition
• Provide reasonable heat, running water, and hot water
• Maintain common areas in a clean and safe condition
• Provide functioning smoke detectors (and carbon monoxide detectors where required)
• Provide garbage removal and receptacles for buildings with four or more units
• Provide extermination services for infestations (buildings with two or more units)
• Maintain locks and keys in working order
• Keep the property in compliance with local building and housing codes at all times

Tenant obligations (FL Statute 83.52)

Tenants must:

• Comply with all building, housing, and health codes
• Keep the dwelling clean and sanitary
• Remove garbage in a clean and sanitary manner
• Keep plumbing fixtures clean, sanitary, and in repair
• Not destroy, deface, damage, or remove any part of the premises
• Conduct themselves (and require guests to conduct themselves) in a manner that does not disturb neighbors
• Use and operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances reasonably

Repair process

• If the landlord fails to maintain the property, the tenant may deliver written notice specifying the noncompliance
• If the noncompliance is material (affecting health, safety, or habitability), the tenant must give 7 days' written notice and may withhold rent or terminate the lease if the landlord does not remedy the issue within that time
• If the landlord fails to comply within 7 days, the tenant has two options:

1. Terminate the rental agreement and vacate

2. Withhold rent until the landlord makes the repair (the tenant should deposit withheld rent with the court registry if the landlord files an eviction action)

• Florida does not have a statutory "repair and deduct" remedy — tenants cannot make repairs and deduct the cost from rent unless the lease specifically allows it

Rent increase rules in Florida

Rule	Florida Law
Notice required	15 days for month-to-month
Rent control	Prohibited statewide (with narrow emergency exception)
Mid-lease increases	Not permitted unless lease contains escalation clause
Retaliatory increases	Prohibited (FL Statute 83.64)

Key details:

• Florida prohibits rent control statewide under FL Statute 166.043. Local governments cannot enact rent control or rent stabilization ordinances
• The only exception is a narrow emergency provision: a local government may temporarily restrict rent increases if it declares a housing emergency, but this requires a supermajority vote and expires within one year
• For month-to-month tenancies, the landlord must provide at least 15 days' written notice before the end of the monthly period
• For fixed-term leases, rent cannot be increased during the lease term unless the lease contains a specific rent escalation clause
• Rent increases cannot be retaliatory — you cannot raise rent because a tenant complained about habitability issues, contacted code enforcement, or exercised any legal right (FL Statute 83.64)
• There is a rebuttable presumption of retaliation if the landlord increases rent within one year of the tenant exercising a legal right

Required disclosures in Florida (detailed)

Florida landlords must make the following disclosures:

Disclosure	When Required	Statute
Lead-based paint	Properties built before 1978	42 U.S.C. 4852d (federal)
Radon gas	All residential leases	FL Statute 404.056(5)
Security deposit depository	Within 30 days of receipt	FL Statute 83.49
Landlord's name and address	At or before lease signing	FL Statute 83.50
Fire protection (sprinklers)	If building lacks sprinklers	FL Statute 719.616 (condos)
Mold	Not required by statute (recommended)	N/A
Bed bugs	Not required by state statute (some local ordinances may apply)	N/A
Flood zone	Not required by state statute (recommended, especially in coastal areas)	N/A

Radon gas disclosure (required language):

The Florida radon gas disclosure is unique — it requires specific statutory language to be included in every residential lease. The exact text is prescribed by FL Statute 404.056(5) and must be included verbatim.

Flood zone best practice:

While not required by Florida state law, disclosing known flood zone information is strongly recommended given Florida's vulnerability to hurricanes and flooding. Some local ordinances and HOA rules may require flood disclosure. Federally backed mortgage properties in FEMA-designated flood zones require flood insurance disclosure.

Tenant rights in Florida

Tenants in Florida have the right to:

• Habitable housing — the landlord must maintain the property in compliance with building, housing, and health codes (FL Statute 83.51)
• Privacy — the landlord must give 12 hours' notice before entering the unit (FL Statute 83.53). Entry is permitted only at reasonable times and for reasonable purposes. The landlord may enter without notice only in emergencies or when the tenant unreasonably withholds consent
• Freedom from retaliation — the landlord cannot increase rent, decrease services, or file eviction proceedings in response to the tenant exercising legal rights (FL Statute 83.64)
• Security deposit protections — the deposit must be held in a Florida banking institution, and the landlord must follow strict notice and return procedures (FL Statute 83.49)
• Domestic violence protections — tenants who are victims of domestic violence may terminate a lease early with proper documentation (FL Statute 83.683)
• Military protections — service members may terminate a lease under the Servicemembers Civil Relief Act (federal law, 50 U.S.C. 3955)
• Right to notice — tenants must receive proper written notice before eviction proceedings, rent increases, or lease termination
• Right to cure — for most curable lease violations, the tenant must be given 7 days to remedy the issue before eviction proceedings can begin

How Tenby helps Florida landlords

Tenby's compliance engine handles Florida-specific requirements automatically:

• 15-day / 30-day deposit return tracking with countdown alerts (15 days for no deductions, 30 days for claims)
• Security deposit depository notification reminder within 30 days of receipt
• 3-day pay or vacate notice generation (with automatic weekend/holiday exclusion)
• Radon gas disclosure automatically included in lease workflows
• 12-hour entry notice tracking and documentation
• Late fee reasonableness guidance based on Florida court precedent
• Required disclosure checklist at lease creation
• Move-in inspection workflow with photo documentation
• 15-day rent increase notice tracking for month-to-month tenancies
• Eviction timeline guidance with proper notice generation

The bottom line

Florida is one of the most landlord-friendly states in the nation. There is no rent control, no statutory cap on security deposits, no required grace period for late rent, and the eviction process is relatively fast (3-day notice for nonpayment). The key requirements to remember: 15/30-day deposit return deadlines, mandatory deposit escrow in a Florida bank, 12-hour entry notice, radon gas disclosure in every lease, and 15-day notice for month-to-month rent increases. Follow FL Statute Chapter 83, document everything, and you'll stay compliant.