Chapter 83 of the Florida Statutes: Deposits, Repairs, Evictions

Chapter 83 of the Florida Statutes is the state’s landlord and tenant law, and for residential renters and the people who rent to them, Part II (the Florida Residential Landlord and Tenant Act) is where almost every practical rule lives: security deposits, repairs, notice periods, prohibited landlord conduct, and the eviction process. Part I covers commercial and other nonresidential tenancies with far fewer tenant protections, and Part III handles self-storage units.¹²³ A dwelling unit under Part II is any structure, or part of one, rented as a home, residence, or sleeping place, which includes apartments, houses, and tenant-rented mobile homes.⁴

Security Deposits

Deposits generate more disputes than any other part of Chapter 83, and the rules are specific about both how the money is held and how it comes back.

How the Money Must Be Held

A landlord who collects a security deposit or advance rent beyond the next rental period has to do one of three things with it: keep it in a separate non-interest-bearing account at a Florida financial institution, keep it in a separate interest-bearing account, or post a surety bond with the clerk of the circuit court. Deposit money cannot be mixed with the landlord’s personal or business funds.⁵ If an interest-bearing account is used, the tenant is entitled to at least 75 percent of the annualized average interest or 5 percent simple interest per year, at the landlord’s choice.⁶

Within 30 days of receiving the deposit, the landlord must give the tenant written notice identifying where the money is held and whether interest is owed.⁵

Getting the Deposit Back

After the tenant moves out, the landlord has one of two deadlines depending on whether anything is being withheld:

If the landlord has no claim against the deposit, the full amount plus any interest owed must be returned within 15 days.
If the landlord intends to keep part or all of it, a written notice must be sent by certified mail within 30 days to the tenant’s last known address, stating the amount claimed and the reason.

Once the tenant receives a claim notice, they have 15 days to object in writing. If no objection comes in, the landlord may deduct the claimed amount and must return any balance within 30 days of the notice date. A landlord who misses the 30-day notice deadline forfeits the right to withhold anything from the deposit, though a separate lawsuit for actual damages is still possible after the money is returned. Even a tenant who doesn’t object in time can later sue over improper deductions in a separate action.⁵

When Rent Is Due and What Kind of Tenancy You Have

Rent is due at the beginning of each payment period without any demand from the landlord, unless the lease says otherwise. When a lease doesn’t state its duration, the law uses the rent schedule to set it: monthly rent creates a month-to-month tenancy, weekly rent a week-to-week tenancy.⁷ That classification controls how much notice is needed to end the arrangement later.

Who Has to Fix What

The Landlord’s Side

Where no local building, housing, or health codes apply, the landlord must keep roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and other structural components in good repair, and plumbing in reasonable working condition. Window and door screens must be in reasonable shape at the start of the tenancy, and the landlord must repair screen damage once a year as needed.⁸ Where local codes do apply, compliance with those codes is the landlord’s obligation, and the local requirements are often more detailed than the state baseline.

The Tenant’s Side

Tenants have to keep the unit clean and sanitary, remove garbage properly, keep plumbing fixtures inside the unit clean and in repair, and use electrical, plumbing, heating, and air-conditioning systems reasonably. Tenants also cannot damage the property or let guests damage it, and cannot disturb the neighbors’ peaceful enjoyment of their homes.⁹

Landlord Entry

Tenants can’t unreasonably refuse entry for inspections, agreed-upon repairs, or showings. For repairs, the landlord must give at least 24 hours’ notice, and must enter between 7:30 a.m. and 8:00 p.m. The landlord may enter without consent in emergencies or when access is unreasonably withheld, and repeated unreasonable refusal is grounds to terminate the lease.¹⁰

When the Landlord Won’t Make Repairs

If the landlord materially fails to meet maintenance obligations, the tenant can deliver written notice that identifies the problem and states an intent to withhold rent. Seven days after delivery, if the problem isn’t fixed, that failure is a complete defense to an eviction based on nonpayment, and the court can reduce the rent to reflect the diminished value of the unit while the landlord was out of compliance.¹¹ The notice has to be specific, and the tenant’s rent should actually be current. Using this remedy as cover for late payment rarely works.

Ending the Tenancy: Notice Rules

Month-to-Month: 30 Days

Either side can end a month-to-month tenancy with at least 30 days’ written notice before the end of a monthly period.¹² A notice given mid-month that doesn’t leave 30 days in that monthly period pushes termination to the end of the following period.

Nonpayment: 3 Days

Before suing to evict for unpaid rent, the landlord must deliver a written demand giving the tenant three days (excluding Saturdays, Sundays, and court-observed holidays) to pay or vacate. The notice must state the amount owed, the property address, and the deadline. Mistakes in the amount or address can invalidate the notice and force the landlord to start over.¹³

Lease Violations: 7 Days to Cure, or 7 Days to Leave

For non-rent lease violations, Florida law splits by whether the problem can be fixed. A curable violation gets a seven-day notice to correct it. Common examples include unauthorized pets, unauthorized vehicles, and failing to keep the unit clean. For serious violations that can’t be cured, such as intentional destruction of property or repeated disturbances after a prior written warning within 12 months, the landlord may deliver a seven-day unconditional notice to vacate, with no opportunity to fix anything.¹³ Using the wrong type of notice can derail an eviction, so the choice between curable and noncurable matters.

What Landlords Cannot Do

A landlord cannot shut off utilities, change the locks, remove exterior doors or windows, or remove the tenant’s personal property to force a tenant out. These self-help tactics are illegal no matter how far behind the tenant is or how serious the violation.¹⁴ The penalty is steep: actual and consequential damages or three months’ rent, whichever is greater, plus attorney’s fees and costs, with each separate violation generating its own award. The statute also treats any violation as irreparable harm, so the tenant can seek an emergency court order restoring utilities or access without proving the usual elements for an injunction.¹⁵

Retaliation is also off limits. A landlord cannot raise rent, cut services, or threaten eviction primarily because a tenant complained to a government agency about code violations, joined a tenants’ organization, used the rent-withholding remedy, or exercised fair housing rights. Servicemembers who terminate a lease under Chapter 83’s military provisions are protected as well.¹⁶ Retaliation functions as a defense in an eviction case; the tenant has to show different treatment compared with other tenants, and the defense fails if the landlord proves good cause such as genuine nonpayment or a real lease violation.

Lease Clauses That Don’t Count

Any lease provision that waives or blocks the tenant’s rights under Part II is void and unenforceable, and the same goes for provisions that eliminate the landlord’s legal remedies. Someone who suffers actual financial harm from a void provision can recover damages.¹⁷ Clauses like “tenant waives the right to withhold rent” or “landlord has no duty to repair” carry no weight regardless of the tenant’s signature.

How an Eviction Actually Proceeds

If the notice period runs out and the tenant hasn’t paid, cured, or vacated, the landlord’s only legal path is a lawsuit filed in the county court where the property sits.¹⁸ Most Florida courts require electronic filing. After the complaint is filed, the court issues a summons that must be personally served on the tenant by a process server or the sheriff.

The tenant then has five business days to file a written response. In a nonpayment case, the tenant generally must deposit the disputed rent into the court registry to contest the eviction on any ground other than the landlord’s failure to maintain the property. If the tenant doesn’t respond or deposit rent, the landlord can seek a default judgment. A final judgment produces a writ of possession, which the sheriff posts on the property; the tenant then has 24 hours to leave before the sheriff returns to remove them and their belongings. Weekends and holidays do not pause that 24-hour clock.¹⁹ Filing fees, service fees, and attorney’s fees come out of pocket, though the prevailing party in a residential eviction may recover attorney’s fees.

Tenants Who Stay Past the Lease

A tenant who stays past the end of a lease without the landlord’s written consent becomes a tenant at sufferance. Accepting rent from a holdover doesn’t automatically renew the lease, but written consent to remain converts the arrangement to a tenancy at will. The landlord can demand double the monthly rent from a tenant who refuses to surrender possession after the lease ends, which requires a formal demand and applies only while the tenant continues to occupy the property without authorization.²⁰

1
The Florida Legislature. Florida Code 83.001 – Application
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The Florida Legislature. Florida Code 83.40 – Short Title; 83.41 – Application
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The Florida Legislature. Florida Code 83.801 – Short Title
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Florida Senate. Florida Code 83.43 – Definitions
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Florida Senate. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
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Florida Senate. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
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Florida Senate. Florida Code Chapter 83 – Landlord and Tenant – Section: 83.46
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The Florida Legislature. Florida Code 83.51 – Landlords Obligation to Maintain Premises
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The Florida Legislature. Florida Code 83.52 – Tenants Obligation to Maintain Dwelling Unit
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The Florida Legislature. Florida Code 83.53 – Landlords Access to Dwelling Unit
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The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure
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The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term
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The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
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The Florida Legislature. Florida Code 83.67 – Prohibited Practices
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The Florida Legislature. Florida Code 83.67 – Prohibited Practices
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The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct
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Florida Senate. Florida Code Chapter 83 – Landlord and Tenant – Section: 83.47
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The Florida Legislature. Florida Code 83.59 – Right of Action for Possession
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The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord
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The Florida Legislature. Florida Code 83.06 – Right to Demand Double Rent Upon Refusal to Deliver Possession