Statutes, lease requirements, tenant rights, and landlord remedies under Florida law. Updated April 2026.
Florida does not require residential leases to be in writing for tenancies of one year or less, but written leases are strongly recommended and are standard practice in the state. Under Fla. Stat. § 83.50, the landlord must disclose in writing the name and address of the landlord or the landlord's authorized agent at the time of or prior to the commencement of the tenancy. Any changes to this information must be provided to the tenant in writing within 10 days.
Florida law requires specific disclosures in the lease or at the start of tenancy. The security deposit notice under Fla. Stat. § 83.49(2) must be provided within 30 days of receiving the deposit, disclosing the amount held, the manner in which it is being held (non-interest-bearing account, interest-bearing account, or surety bond), and the institution where it is held. Radon gas disclosure is also required under Fla. Stat. § 404.056(5) for all residential leases.
Certain lease provisions are prohibited under Florida law. Under Fla. Stat. § 83.47, a rental agreement may not contain a provision that waives the tenant's rights under the Act, authorizes the landlord to confiscate the tenant's property, or requires the tenant to pay the landlord's attorney fees regardless of the outcome of any litigation. Such provisions are void and unenforceable.
Rent is due on the date specified in the rental agreement. Florida law does not provide a statutory grace period, so rent is technically late the day after the due date unless the lease includes a grace period provision. However, landlords cannot begin eviction proceedings until a 3-day notice has been served and the notice period has expired without payment.
Florida has no statewide rent control, and the state has preempted local governments from enacting rent stabilization or rent control ordinances except during a housing emergency declared by the governing body. For month-to-month tenancies without a specified rent amount, rent is payable at the beginning of each month. Landlords may increase rent with proper notice—at least 15 days before the end of any monthly period for month-to-month tenancies.
Late fees are permitted in Florida but must be specified in the lease agreement. While there is no statutory cap on late fees, courts have held that they must be reasonable. Fla. Stat. § 83.808 provides that for dwelling units, the landlord may charge a late fee of up to 5% of the monthly rent if rent is 5 or more days late, or 20% of the monthly rent if a late fee is not specified in the lease and rent is overdue by 30 days or more. Landlords may also charge fees for returned checks.
Under Fla. Stat. § 83.51, the landlord must comply with building, housing, and health codes and, where there are no applicable codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair. The landlord must also maintain plumbing in reasonable working condition, provide extermination for infestations (except when caused by the tenant), provide locks and keys, and keep common areas clean and safe.
For buildings with more than one unit, the landlord has additional obligations including providing garbage removal, functioning facilities for heat during winter, running water, and hot water. The landlord must also maintain elevators, stairways, railings, and other safety equipment in working order. These obligations cannot be waived in the lease agreement under Fla. Stat. § 83.47.
Tenants have corresponding duties under Fla. Stat. § 83.52 to keep the premises clean, use fixtures and appliances reasonably, avoid damaging the property, and comply with building and housing codes. If the landlord fails to maintain the premises, the tenant must give the landlord written notice of the specific deficiency. If the landlord does not correct the issue within 7 days (or a reasonable time for problems that take longer to repair), the tenant may terminate the lease under Fla. Stat. § 83.56(1).
Under Fla. Stat. § 83.53, the landlord may enter the dwelling unit at reasonable times with at least 12 hours' notice to inspect the premises, make necessary or agreed-upon repairs, supply services, or show the unit to prospective tenants or purchasers. The notice must state the reason for entry. Reasonable times are generally between 7:30 AM and 8:00 PM.
Landlords may enter without notice in cases of emergency, when the tenant unreasonably withholds consent, or when the tenant is absent from the premises for a period of time equal to one-half the rental payment period (for extended absences). If the tenant has abandoned the premises, the landlord may enter without notice.
The landlord may not abuse the right of access or use it to harass the tenant. If a landlord violates the entry provisions, the tenant may obtain injunctive relief or terminate the rental agreement. The tenant is also entitled to actual damages sustained as a result of the landlord's unauthorized entry. Conversely, if the tenant unreasonably refuses lawful entry, the landlord may obtain an injunction or terminate the lease after providing 7 days' written notice.
Florida tenants have the right to a habitable dwelling that complies with building and health codes under Fla. Stat. § 83.51. If the landlord fails to maintain the premises, tenants may withhold rent after providing 7 days' written notice of the deficiency. The notice must be specific about the conditions requiring repair and must be delivered in writing. If the landlord fails to correct the issue within 7 days, the tenant may terminate the lease.
Tenants are protected from retaliation under Fla. Stat. § 83.64. A landlord may not discriminatorily increase rent, decrease services, or threaten eviction after a tenant has complained to a government agency about code violations, organized or joined a tenant union, or exercised rights under the landlord-tenant act. Retaliatory actions create a presumption against the landlord if they occur within one year of the tenant's protected activity.
Florida tenants have the right to proper notice before eviction (3 days for nonpayment, 7 days for curable violations, 7 days unconditional for non-curable violations), the right to cure most lease violations before termination, and the right to receive their security deposit back according to the statutory timeline. Tenants who are victims of domestic violence have additional protections under Fla. Stat. § 83.683, including the right to terminate a lease early with proper documentation.
For nonpayment of rent, the landlord must serve a 3-day notice under Fla. Stat. § 83.56(3). The notice must state the total amount of rent due, and the 3-day period excludes weekends and legal holidays. The notice must demand payment or possession and cannot require both payment and vacating. If the tenant pays all rent due within the 3-day period, the landlord cannot proceed with eviction for that delinquency.
For material lease violations that are curable, the landlord must serve a 7-day notice to cure under Fla. Stat. § 83.56(2)(b), giving the tenant 7 days to remedy the breach. If the tenant cures the violation, the lease continues. For non-curable violations or violations that pose an imminent threat to the unit or other tenants, the landlord may serve a 7-day unconditional notice to vacate. Examples of non-curable violations include intentional destruction of property, unauthorized occupants after notice, and criminal activity.
Florida prohibits self-help evictions. Under Fla. Stat. § 83.67, a landlord may not change locks, remove doors, shut off utilities, or otherwise prevent a tenant from accessing the premises as a means of eviction. A landlord who violates this provision is liable for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorney fees. All evictions must proceed through the court system by filing an eviction complaint under Fla. Stat. § 83.59.
Florida requires landlord identification disclosure (Fla. Stat. § 83.50), security deposit holding notice within 30 days (Fla. Stat. § 83.49), and radon gas disclosure (Fla. Stat. § 404.056). Properties built before 1978 also require federal lead-based paint disclosure.
Yes. Under Fla. Stat. § 83.56(1), if the landlord fails to maintain the premises and does not correct the issue within 7 days of written notice from the tenant, the tenant may withhold rent or terminate the lease. The notice must specify the exact condition requiring repair.
For month-to-month tenancies, at least 15 days' notice before the end of the monthly period (Fla. Stat. § 83.57). For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for increases.
Florida has no statutory grace period. Rent is considered late immediately after the due date. However, the landlord cannot begin eviction until a 3-day notice is served and expires without payment. Many leases include a contractual grace period of 3 to 5 days.
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