Florida · Renters' rights · Updated Oct 2026
Florida tenant rights
In Florida, your landlord has 15 days (30 to claim deductions) to return your deposit. Notice for unpaid rent: 3 business days.
Checked against official sources: Oct 24, 2026
Get your deposit letter ↓ Repair letter ↓ Eviction dates ↓
Guides for Florida renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in Florida
- Limit
- No statewide limit.
- Deadline to return it
- If the landlord makes no claim on the deposit, it must be returned (with any interest owed) within 15 days after the lease ends and you move out. If the landlord wants to keep any part, they must send you a written notice of the claim within 30 days after the lease ends, by certified mail to your last known address (or by e-mail if you agreed to e-mail notices). You then have 15 days after you receive it to object in writing. The landlord must send the rest within 30 days after the date of the notice. Unless your lease says otherwise, give the landlord at least 7 days' written notice before moving out, by certified mail or hand delivery, with the address where you can be reached; if you don't, the landlord is excused from the 30-day notice rule, but you still keep your right to the deposit. Fla. Stat. § 83.49(5).
- Itemized list
- In the form of the written 'notice of intention to impose a claim' stating the amount and the reason, using the wording set by statute. Receipts are not required.
- What may be deducted
- Unpaid rent and damage the landlord claims under the lease, as listed in the landlord's written notice. Section 83.49 does not list allowed categories; if you disagree, object in writing within 15 days.
- Interest
- Only if the landlord keeps the deposit in an interest-bearing account (you get at least 75% of the interest or 5% a year simple interest, as the landlord chooses) or posts a surety bond instead (5% a year). If held in a non-interest-bearing account, no interest.
- Separate account
- The landlord must keep it in a separate account in a Florida bank (interest-bearing or not) or post a surety bond. Landlords with 5 or more units must tell you in writing, in the lease or within 30 days, where and how it is held.
- If the landlord keeps it wrongly
- If the landlord misses the 30-day notice, the landlord loses the right to keep any of the deposit (but can still sue you separately for damages). In a court case over the deposit, the winner gets court costs and reasonable attorney fees. There is no double or triple damages rule.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Florida: If the landlord wants to keep any part, they must send you a written notice of the claim within 30 days after the lease ends, by certified mail to your last known address (or by e-mail if you agreed to e-mail notices).
- Wait for the deadline: If the landlord makes no claim on the deposit, it must be returned (with any interest owed) within 15 days after the lease ends and you move out.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $8,000 for people and businesses; court costs, interest and attorney fees don't count. Small claims court in Florida on RobinClaim
Repairs in Florida
- The landlord's duty
- The landlord must follow building, housing and health codes (or, where none apply, keep the roof, windows, doors, floors, structure and plumbing in good repair). In apartments (not single-family homes or duplexes, unless agreed otherwise) the landlord must also provide pest extermination including bedbugs, locks and keys, clean and safe common areas, garbage removal, and working heat in winter, running water and hot water. Fla. Stat. § 83.51.
- How to ask for repairs
- Give written notice to the landlord (or manager or rent collector) describing the problem and what you intend to do (end the lease or withhold rent). The landlord has 7 days after delivery to fix it. Deliver by mail, hand delivery, or e-mail if you agreed to e-mail notices.
- Repair and deduct
- No statute allows repair-and-deduct.
- Withholding rent
- Allowed only after notice, and risky. Deliver a written notice describing the problem and saying you will withhold rent. If 7 days pass and the landlord has not fixed a material code/structural violation under § 83.51(1), you may withhold rent, and this is a defense if you are sued. But if sued, you must pay the rent claimed into the court registry within 5 business days or you lose all defenses except payment. You can also end the lease after the 7-day notice. Fla. Stat. §§ 83.56(1), 83.60.
- Law
- Fla. Stat. §§ 83.51, 83.56, 83.60
Landlord entry in Florida
For repairs, at least 24 hours' notice, and entry only between 7:30 a.m. and 8:00 p.m. The landlord may enter at any time to protect or preserve the property, in an emergency, with your consent, when you unreasonably refuse, or if you are away for half the rental period (unless you are current on rent and told the landlord you would be away). Fla. Stat. § 83.53.
Eviction in Florida
- Notice for unpaid rent
- 3-day written notice to pay or leave. The 3 days do not count Saturday, Sunday or court-observed legal holidays.
- Notice for a lease violation
- 7-day notice to cure for fixable violations (for example unauthorized pets, guests or vehicles, or not keeping the unit clean). If repeated within 12 months, the landlord can file without another notice. For serious violations (intentional damage, continued unreasonable disturbance, fraudulent entry), a 7-day notice to vacate with no chance to cure.
- Ending a month-to-month tenancy
- Landlord or tenant: at least 30 days' written notice before the end of a monthly period. Week-to-week: 7 days. Quarter-to-quarter: 30 days. Year-to-year: 60 days. Fla. Stat. § 83.57. For a fixed-term lease, a lease clause requiring you to give notice before moving out at the end may not require more than 60 days (§ 83.575).
- Time to respond to an eviction lawsuit
- 5 days after you are served, not counting Saturdays, Sundays and legal holidays. To raise any defense other than having paid, you must also pay the rent claimed into the court registry (or file a motion to determine rent) within those 5 days, or the landlord can get an immediate default judgment. Fla. Stat. §§ 51.011, 83.60(2).
- Lockouts and utility shutoffs
- The landlord may not cut off utilities (water, heat, electricity, gas, elevator, garbage, refrigeration), change the locks, use a bootlock, remove doors or windows, or remove your belongings, except after surrender, abandonment or a lawful eviction. You can recover your actual and consequential damages or 3 months' rent, whichever is more, plus costs and attorney fees. Fla. Stat. § 83.67.
- Court self-help
- The court's eviction self-help page
- Law
- Fla. Stat. §§ 83.56, 83.57, 83.59, 83.60, 83.67
Rent increases and rent control in Florida
- Notice of a rent increase
- No statute sets a rent-increase notice period. For a month-to-month tenancy, the landlord would need to end the tenancy with 30 days' notice to change terms (§ 83.57). Local governments cannot add their own notice rules (§ 83.425).
- Rent control
- No statewide rent cap. Cities and counties may not adopt any rent control measure (Fla. Stat. § 125.0103(2), as amended 2023). All landlord-tenant regulation is preempted to the state (§ 83.425).
Late fees in Florida
No statute caps late fees or sets a grace period; the lease controls.
Retaliation in Florida
The landlord may not raise rent, cut services, or file or threaten eviction mainly to retaliate because you complained in good faith to a code agency, joined a tenant organization, complained to the landlord under § 83.56(1), or used fair housing rights, among other things. It is a defense to eviction. It does not apply if the landlord proves good cause, such as nonpayment. No presumption period. Fla. Stat. § 83.64.
Small claims court in Florida
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $8,000 for people and businesses; court costs, interest and attorney fees don't count.
Where to get free help in Florida
Good to know in Florida
- If you are sued for eviction, you must deposit the rent claimed with the court within 5 business days to keep your defenses. Missing this is the most common way tenants lose.
- Florida has no limit on deposit size, and no late-fee cap.
- Since 2023, cities and counties cannot pass their own tenant protections or rent control; state law controls everywhere.
Recent law changes
2023 (in force 2024-2026): state preemption of all local landlord-tenant rules (§ 83.425), month-to-month notice raised from 15 to 30 days (§ 83.57), 'fee in lieu of security deposit' option (§ 83.491), and a ban on local rent control (§ 125.0103). 2024 (ch. 2024-199): amendments to § 83.49 and § 83.491 on deposit alternatives. 2025 (ch. 2025-16): e-mail delivery of notices if agreed (§ 83.505), fixed-term move-out notice capped at 60 days (§ 83.575), and related changes to §§ 83.49, 83.51, 83.56; flood disclosure (§ 83.512). 2026 (ch. 2026-143): fraudulent entry added as a no-cure violation in § 83.56.
Free tools for Florida renters
Pre-set for Florida. Free, no account needed.
Deposit return calculator for Florida
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.
Security deposit demand letter for Florida
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for Florida
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for Florida
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Sources
- Fla. Stat. § 83.49
- Fla. Stat. § 125.0103 Price controls (rent control ban)
- Fla. Stat. § 51.011 Summary procedure
- FDACS: Landlord-Tenant
Checked against official sources: Oct 24, 2026