This part shall be known as the 'Florida Residential Landlord and Tenant Act.'
This part applies to the rental of a dwelling unit.
'Dwelling unit' means a structure or part of a structure rented for use as a home or residence. 'Landlord' means the owner or lessor of a dwelling unit. 'Tenant' means any person entitled to occupy a dwelling unit under a rental agreement. 'Security deposit' means moneys held by the landlord as security for performance of the rental agreement. 'Advance rent' means moneys paid to be applied to future rent payment periods.
Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement.
Unless otherwise agreed rent is payable without demand or notice at the beginning of each rent payment period. If the rental agreement contains no provision as to duration the duration is determined by the periods for which rent is payable.
A provision in a rental agreement is void and unenforceable to the extent that it purports to waive or preclude the rights remedies or requirements set forth in this part or limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord arising under law.
In any civil action brought to enforce the provisions of the rental agreement or this part the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party. The right to attorney fees may not be waived in a lease agreement.
The landlord shall hold the security deposit in: (a) a separate non-interest-bearing account in a Florida banking institution; (b) a separate interest-bearing account with tenant receiving at least 75% of annualized rate or 5% simple interest; or (c) a surety bond posted with the clerk of the circuit court. The landlord shall give written notice of deposit holding method within 30 days of receipt. There is no statutory cap on the amount of security deposit a landlord may charge.
If the landlord does not intend to impose a claim on the security deposit the landlord shall have 15 days to return the security deposit after tenant vacates.
If the landlord intends to impose a claim the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of intention to impose a claim and the reason. Failure to give notice within 30 days forfeits the right to impose a claim on the deposit.
Unless the tenant objects within 15 days after receipt of the landlord's notice of intention to impose a claim the landlord may deduct the claimed amount and remit the balance within 30 days after the date of the notice.
The landlord shall disclose in writing to the tenant at or before the commencement of the tenancy the name and address of the landlord or a person authorized to receive notices and demands on the landlord's behalf.
The landlord shall at all times comply with applicable building housing and health codes. Where no codes apply the landlord shall maintain roofs windows doors floors steps porches exterior walls foundations and structural components in good repair and plumbing in reasonable working condition. For non-single-family units landlord shall provide extermination of pests locks and keys clean common areas garbage removal and functioning heat and hot water. Landlord must install working smoke detectors in single-family homes and duplexes at commencement of tenancy. Landlord must repair screens once annually when necessary.
The tenant shall comply with applicable building and health codes keep premises clean and sanitary remove garbage keep plumbing fixtures clean use all facilities reasonably not damage the premises and not disturb neighbors.
The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair. Reasonable notice means at least 12 hours prior to entry. Reasonable time for repair is between 7:30 AM and 8:00 PM. The landlord may enter at any time for protection or preservation of the premises. The landlord shall not abuse the right of access or use it to harass the tenant.
If the tenant fails to pay rent when due and the default continues for 3 days excluding Saturday Sunday and legal holidays after delivery of written demand by the landlord for payment of the rent or possession of the premises the landlord may terminate the rental agreement.
If the tenant's noncompliance is of a nature that the tenant should be given an opportunity to cure it the landlord shall deliver written notice specifying the noncompliance and that if not corrected within 7 days from delivery the landlord shall terminate the rental agreement.
If the noncompliance is of a nature that the tenant should not be given an opportunity to cure or constitutes a subsequent violation within 12 months of a prior written warning the landlord shall deliver written notice specifying the noncompliance and intent to terminate. Tenant has 7 days to vacate.
A tenancy without a specific duration may be terminated by either party: year-to-year with 60 days notice prior to end of annual period; quarter-to-quarter with 30 days notice; month-to-month with 15 days notice prior to end of monthly period; week-to-week with 7 days notice prior to end of weekly period.
If the tenant holds over after expiration of the rental agreement without permission the landlord may recover possession and may also recover double the amount of rent due for the period during which the tenant refuses to surrender possession.
A landlord shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts authorizing recovery. The landlord shall not recover possession except in an action for possession or when tenant has surrendered or abandoned the premises. Abandonment is presumed if tenant is absent for a period equal to one-half the time for periodic rental payments.
If the tenant interposes any defense other than payment the tenant shall pay into the registry of the court the accrued rent and rent accruing during the proceeding when due. Failure to pay into the registry within 5 days excluding Saturdays Sundays and legal holidays after service of process constitutes absolute waiver of all defenses other than payment.
If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that enjoyment of the premises is substantially impaired the tenant may terminate the rental agreement and immediately vacate. Tenant's liability for rent shall be reduced by fair rental value of damaged portion.
It is unlawful for a landlord to increase rent decrease services or bring or threaten eviction primarily in retaliation against a tenant for complaining to a governmental agency about housing code violations; organizing or participating in a tenant organization; complaining to the landlord about habitability; or exercising rights under fair housing laws. Landlord may rebut with proof of good cause such as nonpayment or lease violation.
A landlord shall not cause termination or interruption of any utility service including water heat electricity or gas. A landlord shall not prevent reasonable access by changing locks or using bootlocks. A landlord shall not remove outside doors locks roof walls or windows except for maintenance or replacement. A landlord shall not remove the tenant's personal property except after surrender abandonment or lawful eviction. Violation makes landlord liable for actual and consequential damages or 3 months rent whichever is greater plus attorney fees.
Any servicemember may terminate a rental agreement with written notice at least 30 days after landlord receipt if required by PCS orders to move 35 or more miles; prematurely discharged from active duty; receives temporary duty orders to area 35 or more miles away for more than 60 days; ordered into government quarters; or before taking possession receives relocation orders 35 or more miles away. Notice must include copy of orders or commanding officer verification. Tenant liable only for prorated rent to effective termination date with no early termination penalty.
Florida law broadly preempts counties and municipalities from enacting rent control ordinances except under a formally declared housing emergency. No Florida jurisdiction currently has active rent control.
Florida does not require just cause for eviction. A landlord may terminate a tenancy at the end of a lease term or with proper notice for a month-to-month tenancy without stating a reason.
Evictions are filed in County Court in the county where the property is located. Filing fees range from approximately $185 to $400 depending on county with Miami-Dade and Broward typically higher. Uncontested evictions typically resolve in 2 to 5 weeks. The county sheriff enforces writs of possession. If tenant raises defenses tenant must deposit accrued rent into court registry within 5 business days of service.
Hurricane or storm damage that substantially impairs enjoyment of the premises allows tenant termination under Fla. Stat. 83.63. Landlords in FEMA flood zones and coastal areas should document property condition before and after storm events and include hurricane preparedness language in leases.
Airbnb and VRBO operators must register with the Florida Department of Business and Professional Regulation (DBPR) and collect applicable state and local lodging taxes. County and municipal short-term rental licensing requirements vary significantly. Florida preempts some but not all local STR regulation — municipalities may regulate frequency duration and operational standards.
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Underground Landlord — Florida Landlord-Tenant Law Resource
