Published 2026-09-25 · 16 min read

Florida Landlord-Tenant Law 2026: The Plain-English Guide

Quick answer - Florida: Florida sets no deposit cap (§ 83.49): return the deposit in 15 days if there is no claim, or send a claim notice within 30 days. Nonpayment takes a 3-day notice, lease violations get 7 days, and repair entry requires 24 hours' notice.

Florida residential rentals run on Part II of Chapter 83, Florida Statutes — the Florida Residential Landlord and Tenant Act (§§ 83.40–83.683). It is one of the most procedure-driven landlord statutes in the country. Florida is often called landlord-friendly, and in places it is: there is no deposit cap, no rent control, a three-day nonpayment notice, and a court-registry rule that ends many eviction defenses within a week of service. But the same statute is unforgiving about paperwork. Miss the 30-day deposit claim notice and the claim is forfeited. Serve a three-day notice with the wrong amount and the eviction can fail at the first hearing. Use a pre-2022 entry template and you are working from a notice period the Legislature repealed years ago.

Two recent changes matter for 2026 and are missing from most older guides. Since July 1, 2025, § 83.505 lets landlords and tenants deliver required notices by email — but only under a separate signed addendum, with each party electing separately. And since October 1, 2025, § 83.512 requires a separate written flood disclosure before any residential lease of one year or longer. This guide works through the rules a Florida landlord actually touches, in the order they arise: deposits, rent, termination notices, eviction, habitability, entry, early termination, prohibited practices, and the new disclosures.

The numbers that matter

• Deposit cap: none — Florida sets no ceiling on the amount (§ 83.49).
• Deposit holding: three options only — a separate non-interest-bearing Florida account, a separate interest-bearing Florida account, or a surety bond posted with the clerk of the circuit court (§ 83.49(1)).
• Deposit interest: on the interest-bearing option, the tenant receives 75% of the annualized average rate or 5% simple interest per year, at the landlord's election; the bond option also carries 5% simple interest (§ 83.49(1)).
• Holding notice: written notice of how and where the deposit is held, within 30 days of receipt — this duty does not apply to a landlord renting fewer than five units (§ 83.49(2)).
• Deposit return clock: 15 days to return in full if there is no claim; 30 days to send the notice of intention to impose a claim; the tenant then has 15 days to object (§ 83.49(3)).
• Nonpayment notice: 3 days, excluding Saturdays, Sundays, and court-observed holidays (§ 83.56(3)).
• Lease-violation notices: 7 days to cure a curable violation; 7 days with no cure for noncurable conduct or a repeat within 12 months (§ 83.56(2)).
• Ending a periodic tenancy: 60 days (year-to-year), 30 days (quarter-to-quarter and month-to-month), 7 days (week-to-week) (§ 83.57).
• Entry for repairs: at least 24 hours' notice, entry between 7:30 a.m. and 8:00 p.m. (§ 83.53(2), as amended by Miya's Law in 2022).
• Court registry: a tenant raising any defense other than payment must deposit the rent alleged, and rent as it accrues, into the court registry within 5 days of service — or file a motion to determine the amount (§ 83.60(2)).
• Self-help penalty: actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees (§ 83.67).
• Early termination fee: capped at 2 months' rent, and only if the tenant accepted it in a separate signed addendum at lease signing (§ 83.595(4)).

How must a Florida landlord hold and return a security deposit? (§ 83.49)

No cap, but strict custody

Florida does not limit how much deposit you may collect. What it regulates — tightly — is custody. Deposit money and advance rent covered by the statute must be held in one of three ways: in a separate non-interest-bearing account in a Florida banking institution, held for the tenant's benefit; in a separate interest-bearing account in a Florida banking institution; or covered by a surety bond, in the amount of the deposits and advance rent held or $50,000, whichever is less, posted with the clerk of the circuit court in the county where the property sits. Deposit money may not be commingled with your own funds, and it may not be spent before it is actually due to you under the lease.

The interest choice is made once and disclosed. If you hold the money interest-bearing, the tenant is entitled to whichever measure you elect — 75% of the annualized average interest the account pays, or 5% simple interest per year. If you use the bond route instead, you owe the tenant 5% simple interest per year on the deposit. Interest is payable as the statute directs, including at the end of the tenancy.

Within 30 days of receiving the deposit, give the tenant written notice — in the lease or separately — stating the name and address of the depository (or where the bond is posted), whether the account is interest-bearing, and the interest rate if any. If you later change how or where the money is held, a fresh notice is due within 30 days of the change. One statutory carve-out: this holding-notice subsection does not apply to a landlord who rents fewer than five individual dwelling units. Small landlords are still bound by the custody rules and by every return deadline below — only the holding notice is excused.

A related duty runs the other way. A tenant who vacates early, or who ends a periodic tenancy, should give at least 7 days' written notice and a forwarding address; a tenant who does not can relieve the landlord of the 30-day claim-notice duty described next. Collect a forwarding address in writing at move-out as a matter of routine — it protects both sides.

The 15/30/15 return clock

Everything at move-out runs on three numbers.

15 days — no claim. If the tenant has vacated for termination of the lease and you do not intend to impose any claim, return the deposit, with any interest required, within 15 days.

30 days — claim notice. If you intend to keep any part of it, you have 30 days from vacating to send written notice of your intention to impose a claim, with the reason, by certified mail to the tenant's last known mailing address — or by email where a valid § 83.505 addendum covers it. The notice must use the statute's prescribed statement in substantially the statutory form, telling the tenant the amount claimed, why, and that a written objection is due within 15 days of receipt. Do not improvise this letter with your own wording.

15 days — the tenant's objection window, then 30 to remit. The tenant has 15 days after receiving the claim notice to object in writing. If there is no timely objection, you may deduct the claim and must remit the balance within 30 days after the date of the claim notice. A timely objection does not itself decide who keeps the money — it preserves the dispute for court — and a tenant who misses the objection window does not waive a separate action for damages.

The sanction for missing the 30-day claim notice is the harshest in the section: the landlord forfeits the right to impose a claim on the deposit at all, and may not set damages off against it. The deposit goes back, and any damage claim must be pursued in a separate action afterward. In a deposit lawsuit brought by either side, the prevailing party recovers court costs and a reasonable attorney's fee — one reason small deposit fights in Florida settle rather than litigate.

Dated example (weekdays verified): a tenant vacates on Monday, March 2, 2026, leaving a $2,000 deposit on a $2,000-a-month unit. If you owe it all back, it is due by Tuesday, March 17, 2026. Suppose instead there is $450 of unpaid charges and $250 of documented damage beyond ordinary wear — a $700 claim. The certified-mail claim notice must be sent by Wednesday, April 1, 2026. If the tenant does not object within 15 days of receiving it, deduct the $700 and remit the $1,300 balance within 30 days of the notice date — by Friday, May 1, 2026 at the latest. Work backward from April 1: inspect and photograph in the first days, price each claim from invoices and the lease, and mail well before the window closes.

Use our Security Deposit Deadline Finder and deductions guide to sanity-check a claim before you send it, and see the dedicated Florida security deposit law guide for the full section-by-section treatment.

Fees in lieu of a deposit (§ 83.491)

Since 2023, a landlord may offer a tenant the option of paying a recurring fee instead of a security deposit. The choice must be the tenant's: you may offer it, you may not require it, and the tenant must be able to switch to a conventional deposit on the statutory terms. If you use this model, the written disclosures the section requires are part of the deal, and the fee is not a deposit — do not also run it through the § 83.49 claim process.

Rent rules

Florida has no rent control, and state law preempts local governments from imposing it, apart from a narrow, findings-based housing-emergency exception that has rarely been usable in practice. There is also no statute capping late fees or application fees. Both live in the lease: charge what the lease says, disclose fees before signing, and keep the amounts defensible, because a court asked to enforce an extreme fee will test it as a contract term, not rubber-stamp it.

Rent increases follow the termination rules, not a separate increase statute. On a periodic tenancy, an increase takes effect at a period boundary after proper notice of the change — for a month-to-month tenancy, that means the § 83.57 notice period below. On a fixed term, rent changes only as the lease itself allows. See how to raise rent legally for the notice mechanics.

One fee rule does have a statutory ceiling, and it is routinely missed: an early termination fee or liquidated damages amount may not exceed two months' rent. That rule sits in § 83.595 and is covered with the early-termination remedies below.

How can a Florida landlord terminate a lease for noncompliance? (§ 83.56)

Nonpayment: the 3-day notice

If rent is unpaid and the default continues for 3 days — excluding Saturdays, Sundays, and legal holidays, meaning court-observed holidays — after delivery of written demand, the landlord may terminate the rental agreement. The notice must state, in substantially the statutory form, the amount owed, the premises (address and county), the deadline date, and the landlord's name, address, and phone number. The amount must be the rent actually due under the lease; padding the notice with amounts that are not rent is a classic way to lose the case.

Dated example: a 3-day notice delivered on Monday, March 9, 2026 counts Tuesday March 10, Wednesday March 11, and Thursday March 12 — payment or possession is due on or before Thursday, March 12, 2026. A notice delivered on a Friday does not start counting until Monday.

Lease violations: the two 7-day notices

For noncompliance other than nonpayment, § 83.56(2) gives two different notices, and choosing the wrong one is fatal to the termination:

• Not curable (§ 83.56(2)(a)): where the violation, by its nature, cannot be cured — the statute's examples run to deliberate destruction of property and conduct of that gravity — the landlord gives written notice specifying the act and stating that the agreement terminates 7 days after receipt, with no opportunity to cure. The same no-cure track applies when a violation the tenant already cured once is repeated within 12 months.
• Curable (§ 83.56(2)(b)): for violations that can be fixed — an unauthorized pet or occupant, a parking or sanitation problem — the notice specifies the noncompliance and demands a remedy within 7 days of receipt, warning that the lease terminates if it is not cured. Cure within the window and the lease continues. The notice also warns that a repeat of the same or similar conduct within 12 months can be terminated without a further cure opportunity.

Delivery of § 83.56 notices is by mail, by hand delivery of a true copy, by email under a § 83.505 addendum, or — if the tenant is absent — by leaving a copy at the residence. None of these notice requirements can be waived in the lease.

The landlord's side of § 83.56

Section 83.56(1) runs against landlords too. If the landlord materially fails to comply with § 83.51 or the lease, the tenant delivers written notice specifying the failure; if it is not corrected within 7 days after delivery, the tenant may terminate the rental agreement at the end of that period, or pursue damages measured by the diminished value of the tenancy. A landlord who receives a § 83.56(1) notice should treat the 7 days as a hard cure clock and document the repair — that notice is the foundation of both a lawful tenant walk-away and a later rent defense.

Ending a tenancy without cause (§§ 83.57, 83.575)

Where a tenancy has no fixed duration, either party may end it with written notice given at least this far before the end of the period: 60 days for year-to-year, 30 days for quarter-to-quarter, 30 days for month-to-month, and 7 days for week-to-week. The month-to-month figure changed from 15 days to 30 in 2023 — leases, form libraries, and older guides that still say 15 days are wrong, and a termination served on the old number is defective.

The arithmetic trips people up because the notice must precede the end of a monthly period by the full period. A notice delivered on Monday, March 2, 2026 cannot end a month-to-month tenancy on March 31 — that is fewer than 30 days. The earliest period end it reaches is Thursday, April 30, 2026.

For fixed-term leases, § 83.575 works from the lease's own terms: if the agreement requires notice of non-renewal or of the tenant's intent to vacate, the required notice period may not exceed 60 days. Read your own lease's notice clause before you rely on a default — in a fixed-term tenancy, the clause usually is the rule.

How does eviction work in Florida court? (§§ 83.59, 83.60)

Florida eviction is summary procedure in county court, and only the court process removes a tenant.

1. Notice first. Serve the correct § 83.56 notice (or let the § 83.57 period expire for a holdover) and keep proof of delivery. There is no filing until the notice period has fully run.

2. File for possession. The landlord files in the county court of the county where the property lies, seeking removal under § 83.59.

3. Five days to answer. After service, the tenant has 5 days — excluding Saturdays, Sundays, and legal holidays — to file a written answer.

4. The registry rule decides most cases. Under § 83.60(2), a tenant who raises any defense other than payment must pay into the registry of the court the accrued rent alleged in the complaint (plus rent as it accrues during the case), or file a documented motion asking the court to determine the amount — within that same 5-day window. Missing it is an absolute waiver of every defense except payment, and entitles the landlord to an immediate default judgment for possession, with the writ to issue without further notice or hearing. Tenants on subsidy programs deposit only their own portion of the rent.

5. Judgment and writ. If the landlord prevails, the court issues a writ of possession to the sheriff, who posts it at the property; after the posted period (24 hours) the sheriff returns and executes it. Only then may the landlord retake the unit and change the locks.

Uncontested cases commonly resolve in a few weeks; a case in which the tenant funds the registry and litigates runs longer, but the disputed rent is then sitting with the clerk rather than disappearing. Full walkthrough: how to evict a tenant and our Eviction Timeline Calculator.

What repairs must a Florida landlord make? (§ 83.51)

The landlord's maintenance duties come in two tiers.

Every residential landlord (§ 83.51(1)) must comply with applicable building, housing, and health codes. Where no code applies, the landlord must keep the roof, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and other structural components in good repair, and the plumbing in reasonable working condition. The lease may shift some of these duties to the tenant in writing for a single-family home or duplex — a shift that is not available the same way in larger buildings.

Other than single-family homes and duplexes (§ 83.51(2)), the landlord additionally provides for extermination, locks and keys, clean and safe common areas, garbage removal and outside receptacles, and functioning facilities for heat in winter, running water, and hot water. Smoke-detection duties sit alongside these. Again, the statute allows limited written reallocations for some items; what it does not allow is a lease clause that simply deletes the duties — § 83.47 makes provisions purporting to waive or preclude a party's rights, remedies, or obligations under the Act void and unenforceable.

The tenant's duties under § 83.52 mirror the structure: keep the unit clean and sanitary, keep plumbing fixtures clean, use systems and appliances reasonably, avoid damaging the property, comply with the lease and reasonable rules, and do not unreasonably withhold consent to lawful entry. Documented tenant violations of § 83.52 are the factual basis for a § 83.56(2) notice — write the notice from the inspection record, not from memory.

Florida has no general repair-and-deduct statute for residential tenancies, and no free-standing right to withhold rent outside the § 83.56(1) process. A tenant who simply stops paying over a repair dispute arrives in eviction court facing the § 83.60 registry rule. Landlords should still treat repair notices as urgent: a documented, uncorrected § 83.51 failure is the strongest defense a tenant can fund.

How much notice must a Florida landlord give before entering? (§ 83.53)

The old page on this site — and a large share of the internet — still says 12 hours. That figure is repealed. Under Miya's Law (2022), reasonable notice for entry to make repairs is at least 24 hours, and a reasonable time for repair entry is between 7:30 a.m. and 8:00 p.m. Audit every lease form, checklist, and management template that predates 2022.

The full access picture:

• The tenant may not unreasonably withhold consent to entry for inspection, necessary or agreed repairs, alterations or improvements, agreed services, or showing the unit to prospective purchasers, mortgagees, tenants, workers, or contractors.
• The landlord may enter at any time for the protection or preservation of the premises, and in an emergency.
• For the other § 83.53(1) purposes, entry rests on consent, emergency, the tenant's unreasonable withholding of consent, or the tenant's absence for a period equal to half the rental-payment period — with a carve-out: if rent is current and the tenant has notified the landlord of the intended absence, entry during that absence needs consent or a protection/preservation reason.
• Access may never be abused or used to harass.

For inspections and showings the statute fixes no separate hour count; the practical standard is the same 24 hours' written notice and the tenant's consent, documented. Our dedicated Florida entry-notice guide covers Miya's Law, including its apartment-community background-check and key-control rules.

Early termination and the landlord's remedies (§ 83.595)

When a tenancy ends early because of the tenant's breach — the tenant surrenders, abandons, or is removed by writ — § 83.595 makes the landlord elect one of four remedies, not combine them:

1. Terminate and retake for the landlord's own account, ending the tenant's liability for future rent.

2. Retake for the tenant's account and relet, holding the tenant liable for the difference between the lease rent and what reletting actually produces. This requires good-faith reletting effort — at least the effort used on the initial rental or on comparable vacant units — without any duty to prefer the surrendered unit over other vacancies.

3. Stand by and do nothing, holding the tenant liable for rent as it comes due for the rest of the term.

4. Charge the agreed liquidated damages or early termination fee, if — and only if — the tenant accepted that option at lease signing by signing a separate addendum in the statutory form. The amount may not exceed 2 months' rent, and an early termination fee may require no more than 60 days' notice of the early termination date. Choosing this remedy also entitles the landlord to rent and charges accrued through the end of the month in which possession is retaken, plus damage charges — and waives rent beyond that month.

An early-termination clause buried in the lease body, without the separate signed election, does not unlock option 4. This is a signing-day form, not a move-out argument.

What practices are prohibited for Florida landlords, and what counts as retaliation? (§§ 83.67, 83.64)

Section 83.67 draws the bright line around self-help. A landlord may not, directly or indirectly, interrupt or terminate utility service to the tenant (including water, heat, light, electricity, gas, or refrigeration, whether or not the landlord controls or pays for the service); may not prevent reasonable access — no lock changes, bootlocks, or similar devices outside a lawful eviction; may not remove outside doors, locks, roof, walls, or windows except for maintenance, repair, or replacement; and may not remove the tenant's personal property except after surrender, abandonment, or a lawful eviction. (Chapter 715, Part I separately governs how property left behind is noticed and disposed of, and a lease legend in the statutory form can shift storage responsibility after surrender or abandonment.) A landlord who violates § 83.67 is liable for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees, with separate awards for repeated violations. Only the sheriff, executing a writ, removes a tenant — everything else is exposure.

Section 83.64 bars retaliation: a landlord may not raise rent, decrease services, or bring or threaten a possession action principally because the tenant, within the statutory look-back, complained to a government agency about a code violation, organized or joined a tenant organization, or exercised a right under the Act or the lease. Build the file before any adverse step that follows a complaint — timing alone can make an ordinary rent increase look retaliatory.

Two fee provisions complete the picture. Under § 83.48, in an action to enforce the lease or the Act, the party in whose favor judgment is rendered is entitled to reasonable attorney's fees and court costs — another reason Florida landlord-tenant cases are won and lost on procedure. And § 83.47 voids lease provisions that waive a party's statutory rights or shift the Act's duties away; a clause that contradicts Chapter 83 does not become valid because a tenant signed it.

Notices by email (§ 83.505, since July 1, 2025)

House Bill 615 (2025) created § 83.505, an opt-in email channel for the notices Part II requires — deposit claim notices, § 83.56 termination notices, address and disclosure notices, and the like. The mechanics decide validity:

• Email delivery is available only if the parties have signed an addendum to the rental agreement specifically agreeing to electronic delivery of notices. The addendum is a separate document, not a clause inside the lease, and it must conspicuously advise both parties that the election is voluntary and revocable.
• Each party elects for itself. A tenant's election lets the landlord email the tenant; it does not by itself let the tenant email the landlord — the landlord needs its own election, and the statutory addendum gives each side its own election block and designated email address.
• Either party may revoke the agreement, or update its email address, by written notice, effective on delivery; revocation does not invalidate notices already sent.
• A notice emailed in compliance is treated as delivered when sent, unless it bounces back as undeliverable.

Email under § 83.505 replaces mail or hand delivery for the notices it covers; it does not replace formal service of process in an eviction lawsuit, which still follows the court rules. Keep the sent message, the addendum, and any delivery record together — under an email regime, your proof of sending is the whole file.

Flood disclosure (§ 83.512, since October 1, 2025)

For a rental agreement of one year or longer, the landlord must give the prospective tenant a flood disclosure at or before execution, in a separate document in the statutory form — it cannot be a lease clause. The disclosure states, in substance, whether the landlord knows of flooding that damaged the dwelling unit during the landlord's ownership, whether the landlord has filed a claim for flood damage with any insurance provider (including the National Flood Insurance Program), and whether the landlord has received assistance for flood damage to the unit. The statutory form also warns that a standard renter's policy does not cover flood damage and encourages the tenant to ask about separate flood coverage. Complete the form even when every answer is negative — a blank file is non-compliance, not a "no."

The remedy gives the duty teeth. If the disclosure is not provided and the tenant suffers substantial loss or damage to personal property from flooding — substantial meaning at least 50% of the market value of the property affected — the tenant may terminate by written notice effective within the statutory window (no later than 30 days after the damage), and the landlord must refund advance rent paid for the period after termination. Pre-flood rent arrears remain the tenant's problem; the refund duty covers the period after the tenancy ends.

A 10-step Florida compliance checklist

1. On receipt of any deposit, place it in one of the three § 83.49 arrangements and send the written holding notice within 30 days (unless you rent fewer than five units).

2. Put the § 83.505 email addendum and, for leases of a year or more, the separate § 83.512 flood disclosure in the signing packet — both are signing-day documents.

3. If you offer an early termination fee, get the separate § 83.595 addendum signed at lease signing, capped at 2 months' rent.

4. Calendar rent defaults from delivery of the 3-day notice, skipping Saturdays, Sundays, and court-observed holidays.

5. Match the 7-day notice to the violation: cure notice for curable conduct, no-cure notice only for the § 83.56(2)(a) categories and 12-month repeats.

6. Use 30 days — never the old 15 — to end a month-to-month tenancy, measured back from a period end.

7. Give at least 24 hours' notice for repair entry, inside 7:30 a.m.–8:00 p.m., and log every entry.

8. Answer any tenant § 83.56(1) repair notice inside its 7-day cure window, in writing, with dated photos of the completed work.

9. At move-out, run 15/30/15: return in 15 days, or certified-mail (or addendum email) the statutory claim notice within 30, and remit any unobjected balance within 30 days of the notice.

10. Never touch the locks, the utilities, or the tenant's property outside a sheriff-executed writ — § 83.67 prices that shortcut at 3 months' rent or actual damages, whichever is greater.

The bottom line

Florida rewards landlords who run the statute like a checklist: deposit custody and the 15/30/15 clock, a 3-day notice with the exact rent figure, the right 7-day notice for the violation, 30 days to end a monthly tenancy, 24 hours before repair entry, and court — never self-help — for possession. The 2025 additions (email notices by signed addendum, a separate flood disclosure on year-plus leases) are now part of that checklist. Get the procedures right and Florida's landlord-friendly substance actually applies to you; get them wrong and the same statute hands the tenant fees, forfeitures, and defenses. To compare Florida's rules against every other state in one searchable spreadsheet, see the 50-State Landlord Law Dataset.

Primary sources

• Chapter 83, Part II, Florida Statutes (Online Sunshine) — the full Residential Landlord and Tenant Act.
• Section 83.49, Florida Statutes — official text (Florida Senate) — deposit custody, holding notice, and the return clock, on the Legislature's own site.
• Section 83.56, Florida Statutes — official text (Florida Senate) — termination for noncompliance and the 3-day and 7-day notices, on the Legislature's own site.
• Section 83.53, Florida Statutes — official text (Florida Senate) — landlord access and the 24-hour repair notice, on the Legislature's own site.
• Section 83.60, Florida Statutes — official text (Florida Senate) — defenses and the court-registry requirement, on the Legislature's own site.
• Section 83.49, Florida Statutes (FindLaw) — deposit custody, holding notice, and the return clock.
• Section 83.53, Florida Statutes (FindLaw) — landlord access and the 24-hour repair notice.
• Section 83.56, Florida Statutes (Justia) — termination for noncompliance, the 3-day and 7-day notices, and § 83.505 email delivery.
• Section 83.60, Florida Statutes (Justia) — defenses and the court-registry requirement.
• Email OK for some landlord-tenant notices (Florida Realtors) — HB 615 and the § 83.505 addendum.
• Florida expands flood disclosures (Florida Realtors) — § 83.512, effective October 1, 2025.

Frequently asked questions

Is there a cap on security deposits in Florida?

No. Section 83.49 sets no maximum amount. It regulates custody instead: one of three holding arrangements, a written holding notice within 30 days of receipt for landlords renting five or more units, and the 15/30/15 return-and-claim clock at move-out. Check a planned deposit against Florida's no-cap rule with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a Florida landlord have to return a deposit?

Fifteen days after the tenant vacates, if no claim is imposed. If the landlord intends to claim any part of it, the landlord instead has 30 days to send the statutory notice of intention to impose a claim; the tenant then has 15 days after receipt to object in writing, and absent an objection the landlord deducts the claim and remits the balance within 30 days after the notice date (§ 83.49(3)).

What happens if a Florida landlord misses the 30-day deposit claim notice?

The right to impose a claim on the deposit is forfeited. The deposit must be returned, and the landlord may pursue damages only in a separate action afterward. In a deposit suit, the prevailing party also recovers court costs and a reasonable attorney's fee (§ 83.49(3)).

How many days' notice does Florida require for nonpayment of rent?

Three days, excluding Saturdays, Sundays, and court-observed holidays, after delivery of a written demand stating the rent owed in substantially the statutory form (§ 83.56(3)). A notice delivered Monday, March 9, 2026 runs through Thursday, March 12, 2026.

What is the difference between Florida's two 7-day notices?

A curable violation gets a 7-day notice with an opportunity to cure; timely cure continues the lease. Noncurable conduct, and a repeat of previously cured conduct within 12 months, gets a 7-day notice with no cure opportunity, after which the tenancy terminates (§ 83.56(2)).

How much notice ends a Florida month-to-month tenancy?

Thirty days' written notice before the end of a monthly period, by either party (§ 83.57). The figure was 15 days until 2023; forms still showing 15 days are outdated and a termination served on that number is defective.

How much notice must a Florida landlord give before entering?

For repairs, at least 24 hours, with entry between 7:30 a.m. and 8:00 p.m. — the 12-hour rule was replaced by Miya's Law in 2022. Entry at any time is allowed to protect or preserve the premises or in an emergency, and the tenant may not unreasonably withhold consent to the entries § 83.53 authorizes.

Can a Florida tenant be evicted without going to court?

No. Possession changes hands only through the court process and a sheriff-executed writ of possession. Lockouts, utility shutoffs, and removing doors or the tenant's property are prohibited practices under § 83.67, priced at actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees.

What is Florida's court-registry rule in an eviction?

A tenant who raises any defense other than payment must, within 5 days of service (excluding weekends and legal holidays), deposit the rent alleged in the complaint — and rent as it accrues — into the registry of the court, or file a documented motion to determine the amount. Failing to do either is an absolute waiver of all defenses except payment, and the landlord is entitled to an immediate default judgment for possession (§ 83.60(2)).

Can Florida landlords email legal notices to tenants?

Yes, since July 1, 2025 — but only where the parties signed a separate § 83.505 addendum electing email delivery, with each party designating its own address. The election is voluntary and revocable in writing, and a compliant notice is treated as delivered when sent unless it bounces. Court service in an eviction case is not covered.

What flood disclosure does a Florida landlord owe?

For a lease of one year or longer, a separate written disclosure at or before signing, stating whether the landlord knows of flooding that damaged the unit during their ownership, has filed a flood-damage insurance claim, or has received flood-damage assistance (§ 83.512, since October 1, 2025). If it is not provided and the tenant later suffers a substantial flood loss, the tenant may terminate and recover advance rent for the period after termination.

More landlord-tenant law guides

• Landlord-tenant law by state
• Delaware landlord-tenant law
• Georgia landlord-tenant law
• Connecticut landlord-tenant law
• Hawaii landlord-tenant law

This is general information, not legal advice. For complex situations, consult a Florida landlord-tenant attorney.