Landlord Guide to Renting in Florida

Florida permits both written and oral lease agreements. However, any lease with a term exceeding one year must be in writing to be enforceable under the Statute of Frauds (Fla. Stat. § 725.01). Written leases should clearly outline rent, payment terms, deposits, maintenance responsibilities, and termination provisions.

• Leases for more than one year must be in writing (Fla. Stat. § 725.01)
• Month-to-month tenancies arise when no fixed term is specified or an expired lease continues without renewal
• Landlords must deliver a copy of the signed lease to the tenant
• Lease provisions that waive tenants' statutory rights under § 83.47 are void

Florida does not set a statutory maximum on security deposit amounts. However, the handling and return procedures are strictly regulated under Fla. Stat. § 83.49. The landlord must hold the deposit in a Florida banking institution — either in a separate non-interest-bearing account, an interest-bearing account (with interest paid to the tenant), or post a surety bond.

• No statutory cap on security deposit amounts
• Deposit must be held in a Florida banking institution in one of three ways (§ 83.49(1))
• Option 1: separate non-interest-bearing account
• Option 2: interest-bearing account — interest paid to tenant annually or credited to rent
• Option 3: post a surety bond for the deposit amount plus 5%

Florida landlords must make specific disclosures to tenants before or at the start of the tenancy. These include radon gas disclosures unique to Florida law.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Radon gas disclosure — the specific statutory language from Fla. Stat. § 404.056(5) must be included in the lease
• Security deposit holding notice: bank name, address, and account type (§ 83.49(2))
• Name and address of the landlord or authorized agent (§ 83.50)

Rent is due on the date specified in the lease. Florida does not mandate a grace period for rent payments. Landlords may charge late fees if the lease includes such a provision, and most Florida courts will enforce reasonable late fees.

• No statutory grace period — rent is due on the date stated in the lease
• Late fees are permitted if specified in the lease and must be reasonable
• Landlords may accept partial payments, but doing so may affect the landlord's ability to serve a 3-day notice
• Florida does not regulate the form of rent payment — landlords may require specific payment methods if stated in the lease

Under Fla. Stat. § 83.51, landlords must maintain the premises in compliance with applicable building, housing, and health codes. If no code applies, the landlord must maintain the roof, windows, exterior walls, plumbing, and structural components in good repair. The landlord must also provide functioning facilities for heat, running water, and hot water.

• Comply with all applicable building, housing, and health codes (§ 83.51(1))
• Maintain structural components, roofing, plumbing, and exterior walls
• Provide functioning heat, running water, and hot water
• Maintain extermination services for infestations in multi-unit buildings

Florida requires landlords to give at least 12 hours' notice before entering a rental unit for non-emergency purposes (Fla. Stat. § 83.53). Entry must be at reasonable times and for lawful purposes. The tenant may not unreasonably withhold consent to entry.

• Minimum 12 hours' notice required for non-emergency entry (§ 83.53)
• Entry must occur at reasonable times
• Permitted purposes include repairs, inspections, and showing the unit to prospective tenants or buyers
• No notice required in emergencies or when the tenant has unreasonably withheld consent

Florida has no statewide rent control, and state law preempts local governments from imposing rent control except in a declared housing emergency (Fla. Stat. § 166.043). Landlords may raise rent by any amount at the end of a lease term. For month-to-month tenancies, at least 15 days' written notice is required.

• No state rent control — local rent control is prohibited except in declared housing emergencies (§ 166.043)
• 15 days' notice required for rent increases on month-to-month tenancies
• Rent increases cannot be retaliatory (§ 83.64) or discriminatory
• During a fixed-term lease, rent cannot be raised unless the lease permits it

Florida notice requirements depend on the tenancy type and the reason for termination. Fixed-term leases end automatically at the expiration of the term unless the lease states otherwise.

• Month-to-month tenancy: 15 days' written notice before the end of the monthly period (§ 83.57)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: no notice required — terminates at lease expiration
• Nonpayment of rent: 3-day written notice to pay or vacate (§ 83.56(3))

Evictions in Florida are handled through an action for possession filed in county court. The landlord must first serve the required notice. For nonpayment, the tenant has 3 business days (excluding weekends and holidays) to pay or vacate. The court process is governed by Fla. Stat. § 83.59 et seq.

• Serve the required written notice (3 days for nonpayment, 7 days for curable lease violations, 7 days for non-curable violations)
• File a complaint for eviction in county court if the tenant does not comply
• The tenant has 5 days to respond to the court summons
• If the court rules for the landlord, a writ of possession is issued, giving the tenant 24 hours to vacate

Under Fla. Stat. § 83.49(3), if the landlord does not intend to make a claim on the deposit, it must be returned within 15 days. If the landlord intends to make a claim, written notice by certified mail must be sent within 30 days describing the deductions. The tenant then has 15 days to object.

• No claim on deposit: return within 15 days after the tenant vacates (§ 83.49(3)(a))
• Claim on deposit: send written notice by certified mail within 30 days describing deductions (§ 83.49(3)(b))
• Tenant has 15 days after receiving the notice to object to the deductions
• Failure to send the 30-day notice forfeits the landlord's right to make a claim against the deposit