Landlord Tenant Laws in Florida (FL)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
Florida's landlord-tenant laws are governed by Fla. Stat. § 83.40 et seq.. The state receives a tenant-friendliness grade of D (Landlord-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. Florida requires landlords to return deposits within 15 days (if no deductions) or 30 days (with notice of intent to claim). Deposits must be held in a Florida banking institution. State law preempts local rent control.
Security Deposit Rules in Florida
Florida does not impose a statutory cap on security deposits, meaning landlords can charge any amount they choose. However, excessively high deposits may discourage prospective tenants and could be challenged in court as unconscionable. Landlords must return the deposit within 15 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in Florida
In Florida, a landlord must provide 3 days' written notice before filing for eviction based on nonpayment of rent. This is one of the shortest eviction notice periods in the country, giving tenants very little time to cure the default. For month-to-month tenancies, 15 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Florida.
Tenant Rights in Florida
Tenants in Florida have robust remedies when landlords fail to maintain habitable conditions. Both rent withholding and repair-and-deduct are available, giving tenants meaningful leverage to compel necessary repairs. However, tenants must follow the proper legal procedure — typically providing written notice and allowing the landlord a reasonable time to make repairs — before exercising these remedies.
Rent Control in Florida
Florida has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in Florida
Landlords in Florida are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Provide 12 hours notice before entering the rental unit (except emergencies)
- Return security deposits within 15 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in Florida
Many cities in Florida have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 5 major cities.
Miami
Miami-Dade County has a housing code enforcement division. No local rent control due to state preemption.
Orlando
Follows state law. Growing rental market with no additional local protections.
Tampa
No local landlord-tenant ordinances beyond Florida state law.
Jacksonville
Follows state law without local modifications.
Fort Lauderdale
Broward County follows state law. No additional local tenant protections.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. Florida scores 42 out of 100, earning a grade of D (Landlord-Friendly).
How Florida Compares
Below is a comparison of Florida with five states that have similar tenant-friendliness scores. This can help you understand where Florida falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| Florida (FL) | 42 | D | No statutory limit | 3 days | Rent Control Preempted |
| North Dakota (ND) | 41 | D | 1 month's rent (2 months if landlord can show risk) | 3 days | Rent Control Preempted |
| Kansas (KS) | 44 | D | 1 month's rent (unfurnished); 1.5 months (furnished) | 3 days | Rent Control Preempted |
| Nevada (NV) | 44 | D | 3 months' rent | 7 days | Rent Control Preempted |
| Alabama (AL) | 38 | D | 1 month's rent | 7 days | Rent Control Preempted |
| Wisconsin (WI) | 46 | C | No statutory limit | 5 days | Rent Control Preempted |
Frequently Asked Questions About Florida Landlord-Tenant Laws
How much can a landlord charge for a security deposit in Florida?
In Florida, the security deposit limit is No statutory limit. The landlord must return the deposit within 15 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in Florida?
For nonpayment of rent, Florida requires 3 days notice before a landlord can file for eviction. For lease termination without cause, 15 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in Florida if my landlord won't make repairs?
Yes, Florida allows tenants to withhold rent for habitability issues after providing written notice and allowing reasonable time for repairs.
Does Florida have rent control?
No, Florida prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in Florida?
Landlords in Florida must give 12 hours notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of Florida are primarily found in Fla. Stat. § 83.40 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.