A summary of Florida's Landlord/Tenant Law
On this page you will find a summary of Florida's Landlord/Tenant Law. It is not intended for the purpose of providing legal advice. For additional information, refer to Chapter 83, Part II, Florida Statutes (F.S.).
If possible, arrange for a walk-through of the premises to identify any problems that should be fixed BEFORE signing a rental agreement. Take pictures or video or make notes of any questionable conditions and include provisions for repairs in the rental agreement or in a separate written document signed by both parties.
A tenant is an equal party with the landlord. You never have to agree to any rental arrangement. Before you sign, make sure you thoroughly understand the terms of the agreement. If you DON'T understand, DON'T sign the agreement. There is no grace period allowed for canceling a rental agreement, so if you sign, you are bound to its terms.
A landlord has the discretion to collect various deposits, as well as some rent in advance. You should be careful about paying in advance unless you have decided to move into the unit. A tenant who pays in advance but then decides not to occupy the unit MAY NOT be entitled to a refund. It should be stated in the rental agreement if money paid in advance is nonrefundable.
A rental agreement is an agreement to rent property (commonly referred to as a lease). Rental agreements may be either written or oral. Most rental agreements are written because oral agreements can be subject to misunderstandings and are difficult to prove if there’s a dispute. A written rental agreement can be a formal contract or simply a copy of a letter stating the rights and obligations of both the landlord and tenant.
Section 83.505, Florida Statutes, now allows for a landlord or tenant to deliver any notices required via email if the parties have signed an addendum to the rental agreement that the parties specifically agree and have provided a valid email address.
Florida law requires that notices to and from a landlord must be in writing and must be either hand-delivered or delivered by mail or email to the tenant, even if the rental agreement is oral. You should always retain a copy of any correspondence to and from your landlord.
Beginning October 1, 2025, a landlord must complete and provide a flood disclosure to a prospective tenant of residential real property at or before the execution of a rental agreement for a term of one year or longer.
A damage deposit is the most common requirement of landlords. Before signing a rental agreement, examine the premises and make note of any damaged items (e.g., broken fixtures) and, if possible, take a picture and include a date stamp. Give a copy to the landlord and keep a copy for your files. This may help eliminate or minimize disputes later.
On vacating the premises for termination of the lease:
After receiving the landlord’s notice of intention to impose a claim, you will have 15 days to object in writing. If no written objection is received, the landlord may then deduct the amount of their claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages.
If you object to the landlord’s claim, you may file a complaint with the Florida Department of Agriculture and Consumer Services (FDACS) or institute an action in court to adjudicate the landlord’s right to the security deposit.
The responsibilities of the landlord and tenant may vary based on your rental or lease agreement and the type of rental unit.
The landlord's responsibilities will depend on the type of rental unit.
At all times during the tenancy, the landlord of a single-family home or duplex shall:
The landlord's obligations may be altered or modified in writing when renting a single-family dwelling or duplex.
At all times during the tenancy, the landlord of a dwelling other than a single-family home or duplex (e.g., an apartment) shall:
This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although they may choose to do so.
At all times during the tenancy, a tenant shall:
The tenant shall not unreasonably withhold consent to the landlord to enter the rental unit from time to time to inspect the premises.
The landlord may also enter under any of the following circumstances:
The landlord shall not abuse the right of access or use it to harass the tenant.
A tenant must notify the landlord, in writing, by hand delivery, mail or email, of noncompliance with Florida law or the requirements of the rental agreement. The written notice shall also indicate the tenant’s intention to terminate the rental agreement due to this noncompliance. The tenant may terminate the rental agreement if the landlord fails to come into compliance within seven days after delivery of the written notice.
A landlord must notify a tenant in writing of any perceived noncompliance except for the failure to pay rent.
Each eviction case is unique, so be sure to obtain legal advice. A landlord MAY NOT evict you solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights.
The landlord must serve the tenant a written notice allowing three days, excluding weekends and legal holidays, for the payment of the rent or vacating of the premises. If the tenant does not pay the rent or vacate, the landlord may begin legal action to evict.
For the landlord to gain payment of rent or possession of the dwelling, they must file suit in county court. The clerk of the county court will then send the tenant notification by summons. The tenant must meet the requirements outlined in the summons within the time frame cited. Failure to meet these requirements may result in a judgment being entered against you. The clerk of the county court will then issue a “Writ of Possession” to the sheriff, who will notify you that eviction will take place in 24 hours.
The tenant MAY be able to withhold rent if the landlord fails to do what the law or rental agreement requires. A tenant must notify the landlord, in writing, by hand delivery, mail or email, of the noncompliance. The written notice shall also indicate the tenant’s intention to withhold rent due to this noncompliance. The tenant may withhold rent if the landlord fails to come into compliance within seven days after delivery of the written notice.
Please note, if these events transpire, the landlord can present the tenant with a three-day notice for payment of rent.
Upon breach or early termination of the rental agreement by the tenant, the landlord’s potential remedies may include:
Florida Law does not allow a landlord to force a tenant out by:
If any of these occur, the tenant may sue for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorneys' fees.
Under certain circumstances, if allowed by the provisions of the rental agreement, a rental agreement may be ended when either party gives written notice to the other of their intention. The amount of notice required is determined by the rental agreement or, if this is not specified in the rental agreement, by the periods for which the rent is payable.
For example, if the rent is due weekly, seven days' notice is required. For monthly rental payments, 15 days' notice is required. Send all correspondence relating to your intentions to the landlord by mail or email or deliver it by hand and insist on a receipt. It is usually a good idea to speak with the landlord in person too.
When you move from a rental unit, regardless of the duration, be sure to settle all accounts. Terminate utility service the day you leave, notify the landlord, post office and others of your address change, and leave the premises in a clean condition. If it can be arranged, it is always best to take a last walk-through with the landlord and document any damages.
Florida law provides that a military service member may terminate their rental agreement under certain conditions.
