Florida Residential Landlord-Tenant Act
Florida's Residential Landlord and Tenant Act (Florida Statute Chapter 83) governs most residential rental relationships statewide. Unlike some states where rights vary by county, Florida's tenant protections apply uniformly. The Act establishes duties for both landlords (maintenance, habitability) and tenants (rent payment, property care), and specifies procedures for security deposits, notice, and eviction.
Security Deposit Rules
Florida landlords must hold security deposits in a separate non-commingled account and provide written notice to tenants within 30 days of receiving the deposit. Upon move-out, the landlord must either return the full deposit within 15 days, or—if making deductions—send a written notice of deductions by certified mail within 30 days. Failure to send the required notice within 30 days forfeits the landlord's right to make any deductions. Florida tenants who prevail in security deposit disputes can recover attorney's fees.
Habitability and Repair Rights
Florida landlords must maintain premises in compliance with applicable building, housing, and health codes. When a landlord fails to make required repairs after proper written notice, Florida tenants have statutory options: (1) terminate the lease; (2) withhold rent after completing specific statutory notice procedures (7-day written notice for most repairs); or (3) obtain injunctive relief. The tenant's option to withhold rent pending repairs must follow precise procedures—improper rent withholding can result in eviction for nonpayment.
Florida Eviction Procedures
Florida landlords cannot self-help evict by removing belongings, changing locks, or cutting utilities. Legal eviction requires proper written notice (3-day notice for nonpayment; 7-day notice for lease violations; 15-day notice for month-to-month terminations), filing an eviction lawsuit (unlawful detainer) if the tenant does not comply, and a court-ordered writ of possession before a sheriff removes the tenant. Florida's eviction timeline from notice to removal typically takes 3–6 weeks for uncontested cases.
2023 Changes to Florida Tenant Rights
Florida's 2023 legislative session included amendments affecting notice periods and landlord flexibility to raise rents. Florida does not have rent control (a constitutional amendment prohibiting local rent control took effect in 2023), meaning landlords can raise rents to market rates upon lease renewal with proper notice. Tenants in Florida have limited protections against large rent increases at lease renewal, making lease terms and renewal provisions critically important to understand before signing.
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Frequently asked questions
How much notice does a Florida landlord need to give before raising my rent?
For month-to-month tenancies, a Florida landlord must give 15 days' written notice before the end of any monthly period to change lease terms, including rent. For fixed-term leases, the landlord cannot raise rent during the lease term—only at renewal. Florida has no rent stabilization laws, so there is no cap on how much the rent can increase.
Can a Florida landlord evict me for complaining about repairs?
Retaliatory eviction is prohibited under Florida law. If a landlord files an eviction action within one year of the tenant making a good-faith complaint to a government agency about code violations or habitability, the timing creates a presumption of retaliation. The landlord must rebut that presumption with evidence of a legitimate non-retaliatory reason.
What can I do if my Florida landlord sells the property while I am a tenant?
A lease is binding on subsequent owners—the buyer takes the property subject to the lease. You have the right to remain through the end of your lease term. However, for month-to-month tenancies, the new owner can give 15 days' notice to terminate. If the new owner is moving in as their primary residence, they may have additional rights depending on local ordinances and the lease terms.