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Florida Lease Agreement
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Florida at a glance: Security Deposit Limit: No statutory limit · Deposit Return Deadline: 15 days (no deductions); 30 days (with deductions) · Notice to Terminate Month-to-Month: 15 days before end of monthly period
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Overview
Lease Agreements in Florida
Florida landlord-tenant law is governed by Chapter 83 of the Florida Statutes. Florida is generally considered a balanced state for landlord-tenant relations, though recent legislation has strengthened some tenant protections.
Florida does not have statewide rent control. In 2023, the Florida legislature passed HB 1417, which preempts local rent control ordinances (including those passed by Miami-Dade County voters), making Florida entirely free of rent control at all levels.
Security deposits in Florida must be held in a separate non-commingled account or secured with a surety bond. Landlords must notify tenants in writing within 30 days of receiving a security deposit about how it will be held. Deposits must be returned within 15 days of tenancy termination (if no deductions) or 30 days (if deductions are claimed).
Key Facts
Florida Lease Agreement — Quick Reference
| Requirement | Florida Rule |
|---|---|
| Security Deposit Limit | No statutory limit |
| Deposit Return Deadline | 15 days (no deductions); 30 days (with deductions) |
| Notice to Terminate Month-to-Month | 15 days before end of monthly period |
| Rent Control | Prohibited statewide (HB 1417, 2023) |
| Eviction Notice (Non-Payment) | 3-Day Notice to Pay or Vacate |
| Landlord Entry Notice | 12 hours (except emergencies) |
| Governing Law | Fla. Stat. Ch. 83 |
Legal Requirements
Florida Legal Requirements
- Landlords must notify tenants in writing within 30 days of how the security deposit will be held (separate account or surety bond).
- Required disclosures include lead paint (pre-1978) and radon gas presence.
- Landlords must maintain the property in compliance with building, housing, and health codes.
- Florida requires working smoke detectors in each rental unit.
- Landlords must provide the tenant with a copy of the written lease.
Governing Laws
Florida Governing Laws
Fla. Stat. § 83.49
Deposit Money or Advance Rent — Duty of Landlord and Tenant
Governs the collection, holding, and return of security deposits. Requires landlords to hold deposits in a separate non-commingled account or secure with a surety bond, and to return deposits within 15 or 30 days depending on whether deductions are claimed.
Fla. Stat. § 83.51
Landlord's Obligation to Maintain Premises
Requires landlords to comply with building and housing codes, maintain structural components, maintain plumbing, keep the premises in a clean and safe condition, and provide functioning facilities for heat and hot water.
Fla. Stat. § 83.53
Landlord's Access to Dwelling Unit
Requires landlords to give at least 12 hours' notice before entering a tenant's unit, except in emergencies. Permitted entry times are between 7:30am and 8:00pm.
Read the full text of these laws at Cornell Law School's Florida legal resources or your state legislature's official website.
Questions & Answers
Florida Lease Agreement — Frequently Asked Questions
How long does a Florida landlord have to return a security deposit?
If the landlord intends to make no deductions, they must return the full deposit within 15 days. If deductions are claimed, the landlord must send a written notice of the intended deductions within 30 days — if they fail to do so, they forfeit the right to make any deductions.
Is there rent control in Florida?
No. Florida passed HB 1417 in 2023, which prohibits rent control ordinances at any level of government. Landlords in Florida can charge and raise rent to market rates, subject only to the notice requirements in the lease.
What notice is required for a Florida eviction?
Non-payment of rent requires a 3-Day Notice to Pay Rent or Vacate. Lease violations require a 7-Day Notice to Cure (for fixable violations) or a 7-Day Notice of Termination (for non-fixable violations). Month-to-month termination requires 15 days' notice before the end of the rental period.
Can a Florida landlord enter without notice?
No. Florida law requires at least 12 hours' notice before a landlord enters (Fla. Stat. § 83.53), and entry must occur between 7:30am and 8:00pm unless the tenant consents to a different time. Emergency entry is permitted without notice.
What are a Florida landlord's maintenance obligations?
Florida landlords must comply with applicable building codes, maintain structural components, keep plumbing in working order, maintain HVAC systems, and ensure the premises is clean, safe, and free of pests. Tenants must notify the landlord in writing before exercising repair-and-deduct or lease termination remedies.