Under Florida law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under FL Statutes Chapter 83 Part II, such as the right to timely rent payments and a livable dwelling.
Note: Florida does allow renters to agree, in writing, that they take on some landlord responsibilities. This writing can be in a written lease or a separate agreement. These rights cannot be waived through any verbal agreement.
In Florida, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Florida’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Partially | Partially |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Only Smoke |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Florida, repairs must be made within seven days of written notice sent by the tenant. If repairs aren’t made in a timely manner, Florida tenants can end the lease, or sue for a court order to force the landlord to make repairs. Tenants aren’t allowed to withhold rent, or repair and deduct the cost from the rent. Read more
Florida landlords can begin the eviction process for any of the following reasons:
However, “self help” evictions are illegal (for example, a landlord changing the locks themselves). Florida also protects tenants from landlord retaliation, which includes some types of evictions. A landlord can’t evict a tenant for taking certain protected actions like reporting a property’s code violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Florida also implements a program where a tenant can agree to pay a potentially nonrefundable monthly fee in order to avoid having to provide a security deposit. The tenant is still fully responsible for the cost of any damage to the premises. The law has detailed requirements for landlords who want to implement this option. [2]
Returns and Deductions: The following laws apply to the return of security deposits:
Early Termination: A lease can only be broken early without penalty for the following reasons in Florida:
If a Florida tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are not legally required to make a reasonable effort to re-rent the unit.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
For a tenancy-at-will (i.e. no lease or now renting month-to-month), a landlord or tenant can terminate the tenancy without reason with the following amount of notice from a future rent due date. [1]
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | 30 Days |
| Year-to-Year | 60 Days |
To evict a tenant renting month-to-month, a landlord must first notify the tenant of the termination of the lease before proceeding with the next step of the eviction process (filing a complaint in the appropriate County Court).
Florida does not have rent control and state law prevents cities and towns from creating their own rent control laws.
Because Florida does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Florida state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Fair Housing Act protects tenants of most housing types from being discriminated against due to race, color, national origin, religion, sex, familial status, or disability. Florida law also provides additional protections for pregnant individuals.
Discriminatory Acts and Penalties: The following actions may be deemed discriminatory:
In addition to having laws that address general issues like repairs and security deposits, most states, including Florida, grant rights and responsibilities about things like landlord retaliation and lock changes. See the topics below for more information.
Florida landlords have the right to enter a rental property for inspections, maintenance, and property showings. Unless there’s an emergency, a landlord usually must provide 24 hours of advance notice before any entry. If a landlord fails to give proper notice and/or abuses rights of entry to harass a tenant, the tenant could have grounds for early lease termination.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $8,000. Florida Small Claims Court is a division of County Court. The process takes approximately two to four months.
All Florida landlords are required to make the following disclosures to their tenants, either within the terms of their lease or in a separate agreement:
Florida tenants are allowed to change their own locks, as long as the landlord keeps access to the unit for repairs, emergencies, and other lawful purposes. Landlords aren’t allowed to change locks on a tenant for not paying rent, as this is considered a form of illegal “self help” eviction.
It’s illegal for Florida landlords to retaliate with raised rent, reduced services, or threatened eviction or lawsuit against tenants who have taken any of the following protected actions in good faith:
When a Florida landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper authorities. Most areas have dedicated inspections departments which enforce code compliance.
Many cities in Florida have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations. See below for general resources related to landlord and tenant issues.
Chapter 760 of the 2019 Florida Statues – “Fair Housing Act” – These statutes specifically outline which classes of people are protected from housing discrimination in Florida. Also, these laws can be used as a point of reference when trying to determine if a specific action taken by a landlord constitutes discrimination.
Florida Landlord-Tenant Laws in Practice – This consumer-oriented document breaks down most of the state’s major landlord-tenant laws and applies them to familiar situations experienced by both parties. This document also provides recommendations that can forgo conflict altogether.
Rights and Duties of Tenants and Landlords – These digital pamphlets outline the rights and duties assigned to tenants and landlords when they enter into a leasing relationship. These pamphlets also address what either party can do to resolve a conflict when either party fails to adhere to its assigned duties.
A tenancy without a specific duration, as defined in s. 83.46(2) or (3) , may be terminated by either party giving written notice in the manner provided in s. 83.56(4) , as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period; (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period; (3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
(a) If a rental agreement requires a security deposit, a landlord may offer a tenant the option to pay a fee in lieu of a security deposit. (b) A landlord may provide a tenant the option of paying a security deposit in monthly installments in an amount that is agreed upon between the tenant and the landlord while participating in the fee program. (2)
(a) If a tenant agrees to pay a fee in lieu of a security deposit, the landlord must notify the tenant within 30 days after the conclusion of the tenancy if there are any costs or fees due resulting from unpaid rent, fees, or other obligations under the rental agreement, including, but not limited to, costs required for repairing damage to the premises beyond normal wear and tear. (b) A landlord may not submit a claim to an insurer to recover the landlord’s losses associated with unpaid rent, fees, or other obligations under the rental agreement, including, but not limited to, costs required for repairing damage to the premises beyond normal wear and tear, until at least 15 days after providing the tenant with the required notice under paragraph (a).
1. The landlord must include an itemized list of any unpaid amounts and the dates such amounts were due, documentation supporting any itemized damages and costs of repairs, and a copy of any written objection or report of any communication of objection by the tenant when the landlord submits a claim to an insurer. 2. If an insurer pays a claim that was submitted under this subsection to a landlord and the insurer has subrogation rights, the insurer may, within 1 year after the tenancy that was the subject of the claim ends, seek reimbursement from the tenant for the amounts paid to the landlord. If the insurer seeks reimbursement from the tenant, the following apply:
a. The insurer must provide the tenant with all documentation for losses which the landlord provided to the insurer in support of the landlord’s claim and a copy of the settlement statement documenting the insurer’s payment of the landlord’s claim. b. The tenant retains any defenses against the insurer which the tenant would otherwise have against the landlord. 3. A landlord may not accept payment from both a tenant and an insurer for amounts associated with the same rent, fees, or damages. (3) If a landlord offers a tenant the option to pay a fee in lieu of a security deposit, the landlord must notify the tenant in writing of all of the following:
(a) That the tenant has the option to pay a security deposit instead of the fee at any time. (b) That the tenant may, at any time, terminate the agreement to pay the fee in lieu of the security deposit and instead pay a security deposit as listed in a rental agreement between the landlord and tenant or, if a security deposit was not agreed upon in a rental agreement between the landlord and tenant, in the amount that is otherwise offered to new tenants for a substantially similar dwelling unit on the date that the tenant terminates the agreement. (c) That the tenant may choose to pay the security deposit in monthly installments in an amount that is agreed upon between the landlord and tenant while participating in the fee program. (d) Whether any additional charges apply for the options provided in paragraphs (a) and (b). (e) The amount of the payments required for each option the landlord offers. (f) That the fee is nonrefundable, if applicable. (g) That the fee is only for securing occupancy without paying a required security deposit. (h) That the fee payment does not limit or change the tenant’s obligation to pay rent and fees, if any, under the rental agreement or limit or change the tenant’s obligation to pay the costs of repairing damage to the premises beyond normal wear and tear. (i) That if the landlord uses any portion of the fee to purchase insurance, the tenant is not insured and is not a beneficiary of the landlord’s insurance coverage, and that the insurance does not limit or change the tenant’s obligations to pay rent and fees under the rental agreement or change the tenant’s obligation to pay the costs of repairing damage to the premises beyond normal wear and tear. (4)
(a) If a tenant decides to pay a fee in lieu of a security deposit, a written agreement to collect the fee must be signed by the landlord, or the landlord’s agent, and the tenant. The written agreement may not contain any clause that contradicts s. 83.45 or s. 83.47 . The written agreement must, at a minimum, specify all of the following:
1. The amount of the fee, which may not be increased during the term of the rental agreement. 2. How and when the fee is to be collected. 3. The process and timeframe during which a tenant must pay the security deposit specified in the rental agreement if the tenant defaults on paying the fee, and that such default will not adversely affect the tenant’s credit rating if the security deposit is timely paid. 4. That the written agreement may be terminated at any time as long as the tenant pays the amount of the security deposit specified in the rental agreement. 5. If the tenant pays the amount of the security deposit specified in the rental agreement, then the tenant’s default on paying the fee or termination of the written agreement may not adversely impact the tenant’s credit report. (b) The written agreement specified under paragraph (a) must also include a disclosure in substantially the following form:
FEE IN LIEU OF SECURITY DEPOSIT
THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH THE TENANT OR HIS OR HER GUESTS MAY CAUSE.
THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP PAYING THE FEE AND INSTEAD PAY THE SECURITY DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA STATUTES.
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA STATUTES. IF THE LANDLORD USES ANY PORTION OF THE TENANT’S FEE TO PURCHASE INSURANCE, THE TENANT IS NOT INSURED AND IS NOT A BENEFICIARY OF SUCH COVERAGE, AND THE INSURANCE DOES NOT CHANGE THE TENANT’S FINANCIAL OBLIGATIONS UNDER THE RENTAL AGREEMENT.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
(5) A fee in lieu of a security deposit may be:
(a) A recurring monthly fee, payable on the same date that the rent payment is due under the rental agreement; or (b) Payable upon a schedule that the landlord and tenant choose and as specified in the written agreement. (6) A fee collected under this section, or an insurance product or a surety bond accepted, by a landlord in lieu of a security deposit is not a security deposit as defined in s. 83.43(12). (7) A landlord has exclusive discretion as to whether to offer tenants the option to pay a fee in lieu of a security deposit and is not required to offer such fee option to tenants. However, if a landlord offers a tenant an option to pay a fee in lieu of a security deposit, the landlord may not use a prospective tenant’s choice to pay, or offer to pay, a fee in lieu of a security deposit as criteria in the determination to approve or deny an application for occupancy, and the landlord must also offer all new tenants renting a dwelling unit on the same premises the option to pay a fee in lieu of a security deposit, unless the landlord chooses to prospectively terminate the fee option for all new rental agreements. (8)
(a) This section does not:
1. Require a fee collected in lieu of a security deposit to be used to purchase an insurance product or a surety bond; or 2. Prohibit a tenant from being offered or sold an insurance product or a surety bond to present to the landlord in lieu of a security deposit if the offer or sale of such insurance product or surety bond complies with the laws of this state. (b) Acceptance by a landlord of an insurance product or a surety bond that is purchased or procured by a tenant, a landlord, or an agent of the landlord may not be considered an offer on the part of the landlord to allow a tenant to pay a fee in lieu of a security deposit for the purposes of subsection (7). (9) This section applies to rental agreements entered into or renewed on or after July 1, 2023.
A facility or unit owner may charge a tenant a reasonable late fee for each period that he or she does not pay rent due under the rental agreement. The amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement or in an addendum to such agreement. For purposes of this subsection, a late fee of $20, or 20 percent of the monthly rent, whichever is greater, is reasonable and does not constitute a penalty. In addition to late fees, a facility or unit owner may also charge a tenant a reasonable fee for any expenses incurred as a result of rent collection or lien enforcement.
Can a Tenant Change the Locks in Florida? Tenants are allowed to change their own locks in Florida, if the lease doesn't prohibit doing so. The landlord still has the right to enter for various lawful reasons, so it's reasonable for tenants to provide copies of the new keys after any lock change. Read more » What Are a Tenant’s Rights in Florida? A tenant’s rights in Florida include the right to seek out housing and enter into lease agreements without facing discrimination from landlords. Florida tenants also have the right to any interest earned on the security deposit when their landlord maintains their deposit in an interest-earning bank account. They can also break the lease or sue the landlord when they're provided with substandard housing that isn't repaired. Read more » Is Florida a “Landlord Friendly” State? Overall, Florida is a “landlord friendly” state because it does not limit how much a landlord can charge for rent. Florida generously caps late fees at the greater of $20 or 20% of the rental payment, and allows landlords to return all or part of a security deposit in a fairly lenient timeframe of 30 days. Read more » Can a Landlord Enter Without Permission in Florida? Florida landlords can enter a rented unit without permission in cases of emergency, or when the tenant has been gone over 15 days and the landlord suspects abandonment. Otherwise, they must get the consent of the tenant to enter, usually following at least 24 hours of advance notice. Read more »
