Florida Landlord-Tenant Law: The Basics (2026)
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- Florida Lease Rules and Prohibited Clauses
- Landlord Repair and Maintenance Duties
- Security Deposit Rules and Deadlines
- Rent Payments and Rent Increases
- Landlord Entry and Notice Requirements
- Notice Periods for Ending a Lease
- The Eviction Process and Self-Help Ban
- For Landlords and Tenants, Knowing the Law Is Critical
Summary
- Chapter 83 of the Florida Statutes covers landlord-tenant law
- Clauses in a lease can’t override Florida law
- Landlords must provide safe, habitable housing that is up to code
If you’re a landlord or tenant in Florida, you might already know that Chapter 83 of the Florida Statutes. It’s also called the Florida Residential Landlord and Tenant Act and it covers state landlord-tenant law. Here’s a look at some of the most important rules.
Florida Lease Rules and Prohibited Clauses
The mere fact that a tenant signs a lease doesn’t make that lease automatically legally enforceable. Chapter 83 outlines several prohibited clauses, including these:
- Clauses stating that a tenant waives rights under Florida law
- Clauses excusing landlord negligence
- Clauses requiring tenants to cover a landlord’s attorney fees (without saying the tenant can recover fees from the landlord if they win)
- Clauses allowing landlords to enter at any time without notice
- Clauses requiring tenants to handle major maintenance
Landlords may not override rules in Chapter 83. If there’s a conflict, Florida law takes precedence.
Landlord Repair and Maintenance Duties
Landlords are responsible for maintaining safe, habitable dwellings. They must promptly perform repairs and make sure units are in compliance with building and health codes.
Landlords who own multifamily residences must also provide the following:
- Pest control/extermination
- Facilities and/or receptacles for garbage removal
- Properly maintained common areas
- Working smoke detectors
- Heat, running water and hot water
Landlords generally aren’t responsible for minor maintenance tasks like changing lightbulbs.
Security Deposit Rules and Deadlines
Florida law imposes these guidelines for security deposits:
- Landlords usually must tell tenants where the security deposit is held and whether it earns interest.
- If the landlord is returning the security deposit, they have 15 days after a tenant moves out to do so.
- If the landlord is keeping some or all of the deposit, they have 30 days to send a written notice explaining why.
Landlords may not withhold money for normal wear and tear on a residence.
Rent Payments and Rent Increases
Unlike some states, Florida doesn’t place caps on rent or rent increases. However, landlords may not increase rent in the middle of a fixed-term lease.
Landlord Entry and Notice Requirements
Landlords must give tenants reasonable notice before making entry. Under Chapter 83, “reasonable notice” for repairs is 24 hours, and repairs may be made between 7:30 a.m. and 8 p.m. Landlords may enter with no notice in an emergency.
Notice Periods for Ending a Lease
Florida requires the following notice periods:
- Year-to-Year Leases: 60 days’ notice
- Quarterly Leases: 30 days’ notice
- Month-to-Month Leases: 15 days’ notice
- Weekly Leases: 7 days’ notice
Generally, if the lease requires a tenant to give notice that they won’t renew, landlords should follow those guidelines as well.
The Eviction Process and Self-Help Ban
In Florida, constructive eviction is illegal. Constructive eviction is often called “self-help” eviction, and it involves changing locks, shutting off utilities or taking similar steps to pressure tenants to leave.
Landlords must follow the proper eviction process through the courts. If a landlord illegally evicts a tenant, they may have to pay the tenant up to three months of rent in damages.
For Landlords and Tenants, Knowing the Law Is Critical
Understanding landlord-tenant laws in Florida can help landlords avoid legal trouble, but it’s important for tenants, too. When tenants know their rights, they’ll be better able to advocate for themselves.
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