Let's be honest – renting in Florida shouldn't feel like navigating a hurricane without radar. Whether you're a tenant fighting mildew in Tampa or a landlord dealing with vanished rent payments in Miami, knowing Florida landlord tenant law is your only life raft. I've seen too many folks get burned because they skimmed their lease or relied on "what my buddy said." After helping neighbors through eviction nightmares and security deposit battles, I'm laying everything out plain. No sugarcoating, no legalese – just what you actually need to protect yourself.
Where Florida Landlord Tenant Law Lives
Look, everything boils down to Chapter 83 of the Florida Statutes. That's the rulebook. But here's the kicker – cities like Orlando or Fort Lauderdale sometimes tack on extra rules. Found that out when a Jacksonvile tenant cited a stricter local repair ordinance I didn't know existed. Always double-check your county/city website. Honestly, it's annoying how buried these resources are sometimes.
Florida Lease Agreements: Don't Just Sign That Paper
Leases here? They're more flexible than you'd think. Month-to-month requires only 15 days' notice to terminate (unless your lease says otherwise – mine once demanded 30!). Fixed-term leases? Breaking them early isn't impossible, but prepare for penalties. Last year, a friend got slammed with over $3,000 in fees for bailing early on her Miami apartment. Brutal.
Mandatory Lease Clauses:
- Lead Paint Disclosure: For buildings pre-1978 (common in historic districts like St. Augustine)
- Security Deposit Details: Where it's held and account info
- Radon Gas Notice: Required by Florida law – surprise, many landlords "forget" this
Florida Security Deposits: The Battle Zone
This causes more screaming matches than HOA disputes. Florida law caps deposits based on lease type:
| Lease Type | Max Security Deposit | Key Deadline (Return After Move-Out) |
|---|---|---|
| Non-Refundable Fees | Illegal for "security" (must be refundable) | N/A |
| Unfurnished Unit | 1 month's rent max | 15 days max |
| Furnished Unit | 2 months' rent max | 30 days max |
Landlords must return deposits within 15 days (unfurnished) or 30 days (furnished) after move-out. If they deduct? They must send an itemized list by certified mail. Pro tip: Always do a video walkthrough at move-in and move-out. My cousin lost $800 over "stained grout" that was there when she moved in.
Reality Check: Florida doesn't require landlords to pay interest on security deposits. Feels unfair to tenants during high-inflation times, doesn't it?
Rent Rules Under Florida Landlord Tenant Law
When's rent due? Whatever your lease says. No state-mandated grace period (unless specified in writing). Late fees? They MUST be reasonable. Saw a Gainesville landlord try to charge $150/day late fee – judge threw it out instantly.
Rent Increases: How Much is Too Much?
Florida has no rent control laws. Landlords can hike rent as high as they want with proper notice:
- Month-to-Month Tenants: 15 days' notice before next rent cycle
- Fixed-Term Lease: Rent can't increase until lease renewal unless lease has an escalation clause (read the fine print!)
Bad news? Miami rents jumped 40% post-pandemic. Good news? If you get a massive increase, negotiate. I successfully argued mine down 8% by pointing to maintenance issues.
Repairs and Habitability: Who Fixes What?
Landlords MUST provide:
- Working plumbing/heating
- Sound roofs and windows
- Pest-free units (roaches in South Florida? Landlord's problem)
- Compliant locks
When Repairs Drag On: Tenant Weapons
Florida lets tenants take action if landlords ghost repair requests:
| Option | How It Works | Risk Level |
|---|---|---|
| Withhold Rent | Put rent in escrow account (court registry) | HIGH – Must follow exact court rules |
| Repair and Deduct | Pay for urgent repairs yourself and deduct from rent (max 1 month's rent) | Medium – Keep every receipt and photo |
| Break Lease | Only if unit is "uninhabitable" (e.g., no running water) | HIGH – Get a housing inspector first |
Word of caution: Withholding rent incorrectly risks eviction. I once helped a tenant in Tallahassee fight an eviction after she withheld rent for a broken AC without proper documentation. Judge ruled against her.
Landlord Entry Rights: Your Privacy Isn't Guaranteed
Here's what shocked me: Florida only requires 12 hours' notice for landlord entry (except emergencies). No "24-hour rule" like other states. They can enter for:
- Repairs/maintenance
- Showing unit to buyers/renters
- Inspections (with notice)
Had a landlord in Orlando who'd "inspect" monthly. Felt invasive. Legally? Perfectly fine.
Florida Evictions: The Step-by-Step Reality
Evictions move FAST here. Miss rent by day 5? Landlords can start the process. Common eviction notices:
| Notice Type | Used For | Timeline |
|---|---|---|
| 3-Day Notice to Pay or Quit | Nonpayment of rent | Pay in 3 days or vacate |
| 7-Day Notice to Cure | Lease violations (noise, pets) | Fix violation in 7 days or leave |
| 7-Day Unconditional Quit | Repeat violations or illegal acts | No fix – just leave in 7 days |
If tenant doesn't comply? Landlord files a lawsuit ("Complaint for Eviction"). Court hearing usually happens within 10-14 days. Tenants: Answer the summons! I've seen default judgments because folks ignored paperwork.
Landlord Mistake I See Constantly: Changing locks or shutting off utilities to force out tenants. That's illegal "self-help" eviction. Penalties include triple damages plus attorney fees. Just don't.
Special Situations You Might Face
Breaking Your Lease Early
Life happens – job transfers, health crises. Florida allows lease-breaking under specific scenarios:
- Active military deployment (SCRA protections)
- Domestic violence victims (with police report)
- Uninhabitable unit (confirmed by inspector)
- Landlord harassment/prohibited entry
Outside these? You're likely liable for rent until unit re-rents or lease ends. Brutal truth: Landlords must try to re-rent it (mitigate damages), but in slow seasons? You might pay months of double rent.
What Happens When Tenant Vanishes?
"Abandoned" property rules:
Landlords must post a 15-Day Notice on the property. If tenant doesn't respond? They can seize belongings. Personal story: A tenant in Sarasota left owing $2,800. We stored his belongings for 30 days (required), then auctioned them. Barely covered storage fees.
Discrimination: Florida's Fair Housing Rules
Federal + Florida law ban discrimination based on:
- Race or national origin
- Religion
- Disability (emotional support animals MUST be accommodated!)
- Familial status (kids under 18)
- Sex (including gender identity)
See a "No Section 8" ad? That's illegal source-of-income discrimination in many counties like Broward and Palm Beach.
FAQs: Real Questions I Get About Florida Landlord Tenant Law
Can my landlord raise rent during my lease term?
Only if your lease has an "escalation clause" allowing it. Otherwise, nope – wait until renewal.
Is a verbal lease agreement valid in Florida?
Yes, for leases under one year. But proving terms? Nearly impossible. Always get it in writing.
How long does eviction take in Florida?
If uncontested: 2-4 weeks. Contested? 6-12 weeks minimum. Longer in backed-up courts like Miami-Dade.
Can I withhold rent for mold issues?
Only if it's severe enough to make unit uninhabitable. Document with health department inspections first.
Are landlords required to provide air conditioning?
Shockingly, no – unless the lease promises it. Florida heat without AC? Brutal, but legal.
Where to Get Help (Free & Paid)
Stuck? Try these:
- Florida Bar Lawyer Referral Service: Low-cost consults (floridabar.org)
- Legal Aid: Coast to Coast Legal Aid (South FL), Jacksonville Area Legal Aid
- Tenant Unions: Miami Workers Center, Orlando Tenants Association
County courts often have self-help eviction clinics too. Used one in Tampa – saved me $1,200 in lawyer fees.
Look, Florida landlord tenant law isn't simple. I've seen good people lose thousands over technicalities. Document EVERYTHING. Send repair requests via certified mail. Take timestamped photos. And if something feels off? Trust your gut. Sometimes paying $200 for a lawyer's letter is cheaper than losing your deposit or your property.
Leave a Comments