Florida Rental Laws

Written on January 7, 2013 by , updated on July 21, 2018

This article summarizes some key Florida rental laws applicable to residential rental units.

We’ve used the Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county. You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association has a referral service that can help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Details

Security Deposit:

  • Security Deposit Maximum: No Statute (83.49)
  • Security Deposit Interest: Not required, but allowed. If interest is being collected, it must be in a Florida banking institution, and the tenant receives 75% of the annualized average interest rate, or 5% simple interest each year, dependent upon what the landlord chooses (83.49 (1a-b)).  No interest is due to a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term (83.49 (9)).
  • Separate Security Deposit Bank Account: Landlords are not allowed to commingle funds (83.49 (1a-b)).  Landlords are also allowed to post a surety bond (83.49 (1c)).
  • Additional Non-refundable Fees: No Statute, but is typically allowed and customary.
  • Deadline for Returning Security Deposit: Landlords have 15 days to return the deposit if the tenant is due a full refund. If landlords withhold any amount of the deposit, they have 30 days to notify the tenant via certified mail. (83.49 (3a)).
  • Require Written Description / Itemized List of Damages and Charges: Yes, and landlord must send notice using exact language found in Florida Statute 83.49 (3a).
  • Receipt of Security Deposit: Required to be given to the tenant within 30 days. Landlord must identify the manner in which the money is being held, and what the interest rate is, if any. Florida has specific rules pertaining to the receipt notification, read Statute 83.49(2-3) carefully.

Lease, Rent & Fees:

  • Rent Increase Notice: No Statute (83.46)
  • When Rent is Due: At the beginning of each period and without demand or notice, unless a different agreement is reached. Rent is uniformly apportionable from day-to-day (83.46(1)).
  • Application Fees: No Statute. Use Cozy to avoid having to charge application fees.
  • Late Fees: No statute (83.46)
  • Returned Check Fees: If payment is returned by a financial institution, landlord can impose a service charge of $25 if the face value does not exceed $50; $30 if the face value is between $50 and $300; $40 if the face value exceeds $300, or 5 percent of the face amount of the check, whichever is greater (68.065). I recommend using Cozy to collect rent online to nearly eradicate late payments.
  • Prepaid Rent: No Statute (83.46)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, after the tenant provides written notice to the landlord that repairs are needed. The landlord has 20 days to make necessary repairs before the tenant is able to withhold rent. The tenant must pay the withheld rent once the repairs are made (83.201). Essential services are defined in Statute 83.51.
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes. The right to attorney fees cannot be waived in the lease agreement. (83.4883.55)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Landlord has no obligation to rerent during a breach of lease by tenant. For specific requirements, read Statute 83.595.

Notices and Entry:

  • Notice to Terminate a Lease – Yearly Lease: Not less than 60 days prior to the end of any annual period (83.57(1)).
  • Notice to Terminate a Lease – Quarter to Quarter: Not less than 30 days prior to the end of any quarterly period (83.57(2)).
  • Notice to Terminate a Lease – Month-to-Month: Not less than 15 days prior to the end of any monthly period (83.57(3)).
  • Notice to Terminate a Lease – Week-to-week: Not less than 7 days prior to the end of any weekly period (83.57(4)).
  • Notice of date/time of Move-Out Inspection: No Statute
  • Termination of Lease for Nonpayment: 3 days Notice, excluding Saturday, Sunday, and legal holidays.  Specific language must be included in the notice, which is found in Statute 83.56(3).
  • Notice of Eviction for Lease Violation: Tenant has 7 days to remedy the issue or landlord can file for eviction and terminate lease (83.56(2)).
  • Required Notice before Entry: 12 hours, unless otherwise agreed upon (83.53(2)).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 12 hours (83.53(2))
  • Emergency Entry Allowed without Notice: Yes (83.53(2b))
  • Entry Allowed During Tenant’s Extended Absence: Yes (83.53(2d))
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No (83.67(2))
  • Utility Shut-offs Allowed: No (83.67(1))
  • Penalty for a Self-Help Eviction: A landlord who performs a self-help eviction shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (83.67(6))
  • Proper Notice for Abandoned Property: Yes, first-class mail, pre-paid postage (715.104), using the specific language found in Statutes 715.105, or 715.106.  Review Statutes 715.104 – 705.111 for specific instructions and requirements for abandoned property.

Disclosures and Miscellaneous Notes:

  • Landlords are not allowed to evict tenants without going through the legal process (aka self-help evictions).  Penalty is actual damages to tenant or 3 months rent – whichever is greater (83.67(6)).
  • The landlord shall, at or before the commencement of the tenancy, provide the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf (83.50(2)).
  • Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language: “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. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” (404.056(5))
  • Landlord shall not prevent the tenant from displaying a United States Flag (83.67(4)).
  • Landlord is not responsible for personal property left on the premise after death of tenant if the following clause is included in the signed lease agreement: “By signing this rental agreement, the tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by Chapter 83, Florida Statutes, the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.” (83.67(5))
  • Landlord is not allowed to include clauses in the lease that force either party to waive or forfeit rights, remedies, requirements, or liabilities set forth by law (83.47).
  • It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant (83.64).
  • Retaliation is considered if action is taken on a tenant who (1) has filed an official complaint to a Government Authority, (2) has organized, encouraged, or participated in a tenants’ organization, (3) has complained to the landlord pursuant to Statute 83.64, or (4) is a servicemember who has terminated a rental agreement pursuant to Statute 83.682.

Court Related:

  • Small Claims Court Limits: $5,000 or less, excluding costs, interest, and attorneys’ fees.
  • Eviction Cases Allowed: Yes
  • Small Claims Rules (PDF)
  • Statute of Limitations

Business Licenses and Fees:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.
  • Rentals in Miami need a Residential Real Estate Sign permit (single family homes) or a Commercial Real Estate Sign permit (apartment units). It is a sticker that should be placed on the sign. The permit is $5.00 for a single family home, $15.00 for an apartment unit, and it is valid for one (1) year from purchase.
  • Sales and Use Tax on Rental of Living or Sleeping Accommodations
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2,145 CommentsLeave a Comment

  • Rob Hoyt

    My move in deal was pay the deposit and get the first two weeks free. I did not get my two weeks free, i keep asking and het the runaround. I have the paper from the internet from the add I answered. I sent him a copy and he said I did not qualify. What can I do ? Thanks Rob

    • Rod k

      Can’t make them what they are unwilling to do, sometimes it’s a do this or I will tell it to the judge type situation. Bring all evidence to court. There is no guarantee of justice, but it’s all our system offers without taking the law into your own hands.

  • HARRIETT CARPENTER

    Hi, Can you tell me if there is a way to get a Tenant out of a lease . The Tenant has a Daycare in my Commercial building. I am now selling my building. The Tenants lease is not up until May 2020. Thank You

    • Rod Kreinbrink

      Hello Harriett.
      You will have to see an attorney to look at the specifics of your situation. No one can tell you about your lease from a blog. What was included, excluded, appropriate by county code… the list go on and on. I find your “problem” interesting since many landlords would like to have an ongoing lease arrangement to any pending buyer. This means that there is income coming into the building and therefore seemingly the building is worth more as a performing asset- verses a non-performing asset. Making it easier to sell, as it would seem. But I am not an attorney, and I am not a realtor. Maybe you are worrying about liability issues of having a daycare inside your building? I would personally.
      Best of luck.

  • Mel

    Hi, I am wondering if landlords need to give you a period of time to decide on renewing your lease? I was given one week to renew a lease four months before the current lease is up. In the 7th day I was told they were showing my apartment the following day. I also was texted 5 times during the week about renewing the lease. I feel harassed and forced to sign my lease because they also said as soon as it went live online I wouldn’t get the same rate. Is this legal in the state of Florida? Thanks!

  • Peter

    I was renting a townhouse to a young couple, who moved out 10 months before the lease was due to terminate, because termites were in one bedroom of the nearly 2,000 sqft unit. They did not request to vacate temporarily with the rent abatement, constructive eviction and refused to grant me the opportunity to use pesticides because the wife was pregnant and they were concerned about the use of pesticides in the home because of concerns for the unborn baby.
    The couple has was not pregnant when they signed the lease extension, but my applications do not change because somebody becomes pregnant anyhow, as I understand.
    So what would you think my remedies are? Thank you

    • Rodney Kreinbrink

      Hello Peter. Yours is a complex problem. Obviously you have read the Florida Statutes by the text of your written paragraph. From a third party observer though, they make a powerful argument that may swing the consciousness of the courts. The only thing that you did not mention is when did the bed bugs appear and were the renters deemed responsible for the infestation. Does your contract hold them liable for an infestation, if there was none apparent at the time of move in? You will need to see a competent landlord attorney on those issues, and not just a blog opinion. What does the contract stipulate, and what was in writing from the tenants, etc. These things can not be answered from a blog. Please see an attorney. Rk

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