The Florida landlord-tenant law is governed by the Florida Residential Landlord and Tenant Act (Chapter 83, Part II, Florida Statutes). The law spells out what both sides can expect from each other: tenants are entitled to a safe, habitable home and advance notice before a landlord enters, while landlords can collect rent, enforce lease terms, and pursue eviction through the courts when needed. It also sets specific rules around security deposits, notice periods for ending a lease, and the eviction process itself.
This guide isn't legal advice, but it can help you understand your general rights and responsibilities as a Florida landlord or tenant.
The rules of the lease
A lease sets the terms of the rental agreement between a landlord and tenant. While Florida recognizes both written and oral leases, written agreements are generally easier to prove if a dispute arises.
A lease can’t override the Florida Residential Landlord and Tenant Act. If a lease conflicts with the law, the Act takes precedence.
Tenant rights under Florida law
Under the Florida Residential Landlord and Tenant Act, tenants have several key protections. These include:
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A safe and habitable home: Tenants can live in a rental property that meets local building, housing, and health codes and can request repairs when the landlord is responsible for the issue.
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Notice before entry: Landlords must generally give tenants at least 24 hours' notice before entering the unit, except in emergencies or other situations allowed by law.
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Protection from illegal lockouts: Tenants can stay in their home until a court orders an eviction. Landlords can't force a tenant out by changing the locks, shutting off utilities, removing doors, or blocking access.
Landlord responsibilities under Florida law
The same law also spells out what landlords must do to keep a rental in good standing. Failing to meet these duties can affect their ability to collect rent or pursue an eviction later. Landlords generally must:
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Maintain the property: Keep the rental unit in compliance with building, housing, and health codes, and keep structural components, plumbing, heating, and hot water systems in working order.
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Give notice before entry: Provide reasonable notice before entering an occupied unit, except in emergencies or other situations allowed by law.
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Handle common upkeep: In many residential rentals, cover pest control and trash removal as part of standard maintenance.
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Follow proper notice for lease violations: Give tenants the required written notice before ending a tenancy or pursuing an eviction over a lease violation.
Note: If either party takes a landlord-tenant dispute to court, the judge may require the losing side to cover the winning side's attorney fees and court costs.
Security deposits in Florida
The Florida landlord-tenant law doesn't limit how much a landlord can charge for a security deposit, but it does set clear rules for how that deposit must be handled — including where it's kept, when it must be returned, and what a landlord can deduct.
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Situation |
Florida requirement |
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Where the deposit is held |
In most cases, the landlord must disclose in the lease or within 30 days where it is held and whether it earns interest. |
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If no deductions |
If the landlord doesn’t make a claim against the deposit, it must be returned within 15 days after the tenant moves out. |
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Deductions included |
If the landlord plans to keep part or all of the deposit, they must provide written notice within 30 days to explain the claim. The notice may be sent electronically or by certified mail. |
Note: Landlords may deduct unpaid rent or damage beyond normal wear and tear, which is the expected deterioration that occurs through everyday use rather than negligence, misuse, or abuse. For example, worn carpet or small nail holes from hanging pictures generally count as normal wear and tear, while a large stain, a hole punched in a wall, or broken fixtures typically don't.
Terminating a lease in Florida
Unless a lease states otherwise, Florida law generally requires the following notice before ending a lease that renews automatically:
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Week-to-week tenancy: 7 days’ notice
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Month-to-month tenancy: 15 days’ notice
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Quarter-to-quarter tenancy: 30 days’ notice
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Year-to-year tenancy: 60 days’ notice
Most fixed-term leases end automatically on the date specified in the lease. If the lease requires advance notice that a tenant doesn’t intend to renew, both landlords and tenants should follow those requirements.
When can a tenant end a lease early?
Florida law allows tenants to end a lease before it's up in a few specific situations.
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Landlord failure to meet legal obligations: If a landlord fails to meet important legal obligations, such as maintaining the property as required by law, and doesn’t correct the problem after receiving proper notice, a tenant may have the right to terminate the lease.
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Military service: Active-duty service members may be able to terminate a lease early under the Servicemembers Civil Relief Act, such as after receiving permanent change of station orders or deployment orders that meet the law’s requirements.
When can a landlord end a lease early?
A landlord may end a lease early if a tenant violates the lease or fails to pay rent. Florida law distinguishes between violations that can be corrected and those that cannot:
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Curable lease violations: If a tenant violates the lease in a way that can be corrected, such as keeping an unauthorized pet or failing to maintain the property as required by the lease, the landlord must give the tenant seven days to fix the problem before terminating the lease.
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Incurable lease violations: Serious or repeated violations that can’t be corrected, such as engaging in illegal activity or destruction of property, may allow the landlord to terminate the lease with seven days’ notice.
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Nonpayment of rent: If a tenant doesn’t pay rent when it’s due, the landlord generally must provide a three-day notice to pay rent or vacate the property before filing for eviction.
The eviction process in Florida
If a tenant doesn’t leave after receiving the required eviction notice, the landlord must file an eviction lawsuit. Under landlord-tenant law in Florida, landlords generally can’t remove a tenant without a court order.
The eviction process typically follows these steps:
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The landlord files an eviction lawsuit in the county court where the rental property is located.
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The tenant has the right to respond in court.
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The court issues a judgment. If the landlord wins, the court issues a writ of possession, which allows the landlord to evict the tenant.
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The sheriff's office delivers the writ of possession to the property, typically by posting it on the door.
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The tenant generally has 24 hours to vacate before the sheriff removes the tenant and returns the property to the landlord.
Information to include in an eviction notice
The notice required depends on the reason for the eviction. Each notice must clearly explain why it’s being issued and what the tenant must do next. The notice must be in writing and either mailed or delivered to the tenant.
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Notice type |
When it’s used |
Must include |
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3-day notice to pay rent or vacate |
The tenant hasn’t paid rent |
The amount owed, the rental property’s address, and the deadline to pay or move out |
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7-day notice to cure |
The tenant has committed a lease violation that can be corrected |
A description of the violation, the deadline to correct it, and a note that a second violation may result in lease termination with no further warning |
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7-day unconditional quit notice |
The tenant has committed a serious or repeated lease violation that can’t be corrected |
The reason for termination and the date the tenant must be out of the property |
Frequently asked questions
What is the new law in Florida for renters?
Florida's landlord-tenant laws are found primarily in Chapter 83, Part II of the Florida Statutes. As of October 1, 2025, landlords must also give tenants a separate flood disclosure form before signing a residential lease of one year or longer. The form must disclose any known history of flooding at the property, state that renters insurance doesn't cover flood damage, and note whether the landlord has filed a flood insurance claim or received disaster assistance for the unit. If a landlord doesn't provide this disclosure and the tenant later suffers substantial flood damage to their belongings, the tenant may be able to end the lease early. Because state law can change, tenants and landlords should check the current Florida Statutes or the Florida Legislature's website for the latest requirements.
What are my legal rights as a tenant in Florida?
Tenants generally have the right to a safe home, reasonable notice before a landlord enters in most situations, and protection from illegal lockouts — such as a landlord changing the locks or shutting off utilities without a court order. They can also challenge evictions in court.
How many days does a landlord have to give you to move out in Florida?
Notice depends on the type of tenancy. Florida law generally requires seven days for week-to-week tenants, 15 days for month-to-month tenants, 30 days for quarter-to-quarter tenants, and 60 days for year-to-year tenants. Different notice requirements may apply if the renter violates the lease or fails to pay rent.
Can a landlord evict a tenant without going to court in Florida?
No. In most cases, a landlord must obtain a court order before evicting a tenant. Florida law prohibits self-help evictions, such as changing the locks, shutting off utilities, removing doors, or blocking access to the rental property.
