Under Florida law, if a written (or oral) rental agreement exists, or if a payment was accepted as rent, then both parties inherit certain a set of rights under FL Statute Chapter 83, such as the right to a livable dwelling and to rent being paid in full and on time.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of a rental agreement stating otherwise.
Landlord Responsibilities in Florida
Florida landlords are required to provide a habitable living space, also known as the “implied warranty of habitability.” Below is a list of common items that Florida landlords are or aren’t responsible for providing where no other local housing, health or building codes exist.
| Item | Landlord Responsibility? |
|---|---|
| Dwelling structures | Yes |
| Plumbing/Sanitation | Yes |
| Water | Yes |
| Heating | Yes, if addressed in the lease agreement |
| Electrical outlets and wiring | Yes |
| Adequate ventilation | Not addressed |
| Garbage removal | Yes, for multi-family units |
| Pest control | Yes, for multi-family units |
| Mold | Yes, if addressed in the lease agreement |
| Bed Bugs | Yes, if addressed in the lease agreement |
Renter’s Rights for Repairs in Florida
Landlords are required to maintain and repair any amenities that are provided on the property. This includes amenities that they weren’t required by law to provide in the first place (i.e. they must fix a broken air conditioning unit if the property has one).
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 have certain options, such as the right to withhold rent or to deduct the cost from next month’s rent.
Tenant Responsibilities in Florida
Beyond paying rent in a timely manner and not causing excessive property damage, Florida tenants are responsible for:
- Maintaining the unit in safe, habitable condition.
- Keeping their part of the unit clean and sanitary (including removing garbage).
- Keeping all dwelling fixtures, such as plumbing and electrical, clean, sanitary and use in a reasonable manner.
- Not unreasonably disturbing neighbors or constituting a breach of peace.
- Not destroy or damage any part of the premises.
Evictions in Florida
Florida landlords can begin the eviction process for any of the following reasons:
- Failure to Pay Rent – If rent is late (the day after it’s due, unless the lease states otherwise), a landlord may give the tenant a written 3-Day Notice to Pay.
- No Lease / End of Lease Term – If the lease period has ended or the tenant has no lease, a landlord may serve the tenant with a written lease termination notice depending on the type of tenancy.
- Week-to-Week – 7-Day Notice to Quit
- Month-to-Month – 15-Day Notice to Quit
- Quarterly – 30-Day Notice to Quit
- Year-to-Year – 60-Day Notice to Quit
- Violation of Lease Terms – If the tenant does not uphold both their responsibilities under the lease and their obligations under landlord tenant law, a landlord may give the tenant either a written 7-Day Notice to Cure or Vacate (if it is a curable violation) or a 7-Day Unconditional Quit Notice (if the violation cannot be cured).
However, certain types of evictions are illegal in Florida, such as “self help” evictions (i.e. a landlord changing the locks themselves), and those in retaliation to protected tenant actions like filing a health and safety complaint to a local regulatory authority.
Security Deposits in Florida
Collections & Holdings. The following laws apply to the collection and holding of a security deposit.
- Limit / Maximum –None
- Inventory / Move-in Checklist – Not required
- Holding Requirement – Landlords must hold security deposits in a:
- Non-interest-bearing account
- Interest-bearing account
- Surety bond
- Interest Requirement – Required unless landlords choose a non-interest-bearing account
- Receipt Requirement – None
Returns & Deductions. The following laws apply to the return of a security deposit.
- Allowable Deductions – Unpaid rent, physical damage, damage due to breach of the lease, cleaning costs, charges mentioned in the lease agreement
- Time Limit for Return –Depends on whether deductions are made:
- 15 days with no deductions (measured from the last day of lease term)
- 30 days with deductions (measured from the delivery of a statement of deductions)
- Max. Penalty for Late Return –Full deposit plus court costs and attorneys’ fees
Normal Wear and Tear in Florida
Normal wear and tear refers to the effects of aging and normal depreciation. This is different from damage resulting from the tenant’s negligence. Landlords are not allowed to charge tenants for normal wear and tear.
While Florida state law does not specify what constitutes normal wear and tear, common examples include the general wearing of carpets, fading paint from sunlight, minor scuffs, or dirty grout.
Early Lease Termination in Florida
Early Termination. A lease can only be broken early without penalty for the following reasons in Florida:
- Early termination clause (if in the lease)
- Relocation for active military duty
- Habitability violation
- Landlord harassment or privacy violation
- Lease agreement violation
Month to Month Rentals in Florida
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.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 15 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).
Rent Increases & Related Fees in Florida
Rent Control. Florida does not have rent control and state law prevents cities and towns from creating their own rent control laws.
Rent Increases. Florida landlords can raise the rent by any amount, as often as they choose, but they must comply with:
- Discrimination laws
- Retaliation laws
- Lease agreement
Increase Notice Period. No statute.
Rent Collection and Fees. The following laws apply to the collection of rent and related fees.
- Grace Period – Not required
- Maximum Late Fee – No limit, except it must be reasonable
- Rent Payment Methods – No statute
- Rent Receipt – Not required
Housing Discrimination in Florida
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 & Penalties. The following actions may be deemed discriminatory:
- Refusing to rent or sell housing
- Falsely denying availability of a housing unit
- Refusing to engage in certain brokerage activities, including loans, in a fair manner
- Threatening, coercing, or intimidating tenants into forgoing a fair housing right
- Refusing to accept reasonable accommodations requested by a tenant
To learn more, please refer to The Florida Commission on Human Relations website.
Additional Landlord Tenant Regulations in Florida
Landlord Right to Entry in Florida
In almost all cases, landlords in Florida are only required to give 12 hours of advance notice before entering an occupied rental unit. This includes instances where repairs are being made or when the landlord intends to show the unit to a prospective renter. Florida landlords are also able to enter without any advance notice only when an emergency threatens the unit’s inhabitants.
If a landlord fails to give proper notice and/or abuses these rights to harass a tenant, and their actions are serious enough, they could be grounds for early lease termination.
Small Claims Court in Florida
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.
Mandatory Disclosures in Florida
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:
- Lead-Based Paint – For houses built prior to 1978, federal law requires landlords to provide tenants with information about lead based paint hazards. Read more.
- Authorized Authorities – Florida landlords are required to provide their tenants with the names and addresses of all owners for their property. This disclosure must also include any intermediaries certified to act on that property owner’s behalf.
- Security Deposit Holdings – If landlords lease five or more rental units, they must provide a disclosure including information such as where the security deposit will be held and whether the tenant is entitled to interest.
- Radon Gas – Florida landlords must provide their tenants with information relating to radon gas, whether or not it is present in or near their rental unit. This disclosure must include language provided by the state that details the nature and hazards associated with radon gas.
Changing the Locks in Florida
Florida’s current statutory code does not clearly indicate whether landlords or tenants are empowered to change a unit’s locks without the other parties permission. However, Florida law does forbid lockouts as a form of retaliation for not paying rent (sometimes known as a “self help” eviction).
Additional Resources for Florida Renters
Please check local county and municipality laws for additional rules and protections for both landlords and tenants. To learn more, please refer to the below digital resources
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.
