FL
Florida Landlord-Tenant Laws
Security Deposit Return Timeline
F.S. 83.49(3)
⏰ Timeline
- 15 days
- 30 days to send notice
- 15 days after receiving notice
- 30 days after notice if no objection
✅ Key Requirements
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- 15 days to return deposit if no claim
- 30 days to send written notice by certified mail if claiming
- Notice must state reason for claim
- Tenant has 15 days to object to claim
- Must return balance within 30 days after notice
- +1 more requirements
How Landlord Must Hold Security Deposits
F.S. 83.49(1)
✅ Key Requirements
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- Must be in Florida financial institution
- Cannot commingle with landlord's funds
- Cannot use deposits until actually due
- Must notify tenant within 30 days of deposit receipt
- Must state which holding method is used
3-Day Notice for Non-Payment of Rent
F.S. 83.56(3)
✅ Key Requirements
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- Must be in writing
- Must state exact amount owed
- Must include property address and county
- Must demand payment OR possession within 3 days
- Saturday, Sunday, and legal holidays do not count
- +1 more requirements
7-Day Notice for Lease Violations
F.S. 83.56(2)
✅ Key Requirements
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- Must be in writing
- Must specify the violation
- Curable: 7 days to fix or vacate
- Incurable: 7 days to vacate
- If same violation repeats within 12 months: no cure option
Terminating Month-to-Month Tenancy
F.S. 83.57
✅ Key Requirements
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- Must be in writing
- Notice from either landlord or tenant
- Must give notice prior to end of rental period
- Month-to-month: 30 days notice
- No cause required
Landlord's Right to Enter Property
F.S. 83.53
✅ Key Requirements
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- 24 hours notice for repairs
- Entry between 7:30 AM - 8:00 PM for repairs
- Cannot abuse right of access
- Cannot use access to harass tenant
- Tenant cannot unreasonably withhold consent
Illegal Landlord Practices (Self-Help Eviction)
F.S. 83.67
✅ Key Requirements
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- Must use court eviction process
- Cannot use self-help methods
- Cannot retaliate against tenant
- Must wait for lawful eviction order
Landlord's Maintenance and Repair Obligations
F.S. 83.51
✅ Key Requirements
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- Obligations apply throughout entire tenancy
- Single-family homes: obligations can be modified in writing
- Multi-family: must maintain common areas and provide services
- Not responsible for tenant-caused damage
Tenant's Maintenance and Conduct Obligations
F.S. 83.52
✅ Key Requirements
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- Maintain cleanliness throughout tenancy
- Use appliances and systems properly
- Don't damage property
- Be considerate of neighbors
- Follow building codes
Retaliatory Eviction and Conduct
F.S. 83.64
✅ Key Requirements
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- Tenant must have acted in good faith
- Landlord action must be discriminatory (treating tenant differently)
- Can be raised as defense in eviction
- Landlord can still evict for legitimate reasons
Unlawful Detainer (Eviction) Process
F.S. 83.59
✅ Key Requirements
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- Must go through court
- Cannot use self-help
- Summary procedure applies (fast-tracked)
- Prevailing party gets costs
Writ of Possession and Sheriff Lockout
F.S. 83.62
⏰ Timeline
24 hours notice (Saturdays, Sundays, legal holidays do NOT extend the period)
✅ Key Requirements
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- Must have judgment first
- Writ issued by court clerk
- Sheriff posts 24-hour notice
- Only sheriff can execute lockout
- Can request sheriff standby for fee
Attorney Fees in Landlord-Tenant Cases
F.S. 83.48
✅ Key Requirements
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- Applies to any civil action under Chapter 83 Part II
- Prevailing party gets fees
- Cannot waive this right in lease
- Encourages both sides to consider costs
Tenant Holding Over After Lease Ends
F.S. 83.58
✅ Key Requirements
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- Lease must have expired
- Tenant still in possession
- No permission from landlord to stay
- Landlord can evict and charge double rent
Casualty Damage to Premises
F.S. 83.63
✅ Key Requirements
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- Damage not caused by tenant negligence/wrongdoing
- Enjoyment must be substantially impaired
- Tenant can break lease without penalty
- Rent prorated for partial damage
Servicemember Lease Termination Rights
F.S. 83.682
✅ Key Requirements
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- Must provide 30 days notice
- Must attach military orders or verification
- Distance must be 35+ miles
- No penalties for early termination
- Rights cannot be waived
Early Termination Fees and Liquidated Damages
F.S. 83.595(4)
✅ Key Requirements
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- Must be agreed to in writing
- Separate addendum required
- Cannot exceed 2 months rent
- Tenant can opt out
- Landlord waives right to additional rent
Fee in Lieu of Security Deposit
F.S. 83.491
✅ Key Requirements
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- Fee is nonrefundable
- Tenant can switch to deposit anytime
- Written agreement required
- Fee amount cannot increase during lease term
- Landlord must offer to all new tenants if offered to one