Florida Lease Laws: Deposits, Evictions, and Early Termination

Florida landlord-tenant law is set out in the Florida Residential Landlord and Tenant Act (Chapter 83, Part II of the Florida Statutes), and it governs leases, security deposits, maintenance duties, notice periods, and evictions for residential rentals across the state. The rules are specific, and small timing mistakes on either side can decide a dispute. What follows is a working guide to the obligations and protections that apply to most Florida tenancies.

When a Lease Must Be in Writing

Florida requires a written lease only when the term is one year or longer. Shorter agreements can be oral and still enforceable.¹ An oral lease still creates problems the moment the parties disagree about terms, so a written agreement protects both sides.

Before the tenancy starts, the landlord or an authorized representative must give the tenant the landlord’s name and address in writing.² That matters when a management company handles the property and the tenant needs to reach the actual owner for legal notices. The lease itself should specify the address and unit, the length of the tenancy, the rent amount and due date, accepted payment methods, and any fees the landlord may charge.

Lead-Based Paint

For any rental built before 1978, federal law requires the landlord to disclose known lead-based paint hazards before the lease is signed, provide the EPA pamphlet “Protect Your Family from Lead in Your Home,” share any inspection reports, and include a lead warning statement with the lease. Signed disclosures must be kept for at least three years.³ The rule does not require testing or removal, only disclosure of what the landlord already knows.

Security Deposits

Deposit rules are where landlords most often lose money by missing a deadline. Within 30 days of receiving a deposit, the landlord must give the tenant written notice stating where the money is held. The deposit must sit in one of three places: a non-interest-bearing account at a Florida banking institution, an interest-bearing account, or a surety bond posted with the clerk of the circuit court.⁴

If the landlord uses an interest-bearing account, the tenant is owed interest at 5 percent per year (simple interest), paid directly or credited to rent at least once a year and again when the lease ends.⁴

Returning the Deposit

If the landlord makes no claim on the deposit, the full amount plus any interest owed must be returned within 15 days after the lease ends.⁵ To keep any portion, the landlord must send a written claim by certified mail within 30 days after the tenancy ends, explaining the deductions.⁴

The tenant then has 15 days to object in writing. Without an objection, the landlord may take the claimed amount and must return the rest within 30 days of the original notice.⁴ A landlord who misses the 30-day deadline for sending the claim notice must return the full deposit, though a separate lawsuit for damages is still possible.

Landlord Maintenance Duties

The landlord must keep the property in compliance with all applicable building, housing, and health codes. Where no code applies, the landlord still has to maintain roofs, windows, doors, exterior walls, foundations, and plumbing in working condition.⁶

In any rental other than a single-family home or duplex, the landlord must also provide pest control for roaches, ants, mice, bedbugs, and similar pests unless the lease shifts that duty to the tenant. If the tenant has to vacate temporarily for extermination, the landlord owes at least 7 days’ written notice, the absence cannot exceed 4 days, and rent is reduced for that period.⁶

For single-family homes and duplexes, the landlord must install working smoke detectors at the start of the tenancy unless the parties agree otherwise in writing. Tenant-owned mobile homes are excluded.

Entering the Unit

A landlord must give at least 24 hours’ notice before entering for repairs, and entry has to be between 7:30 a.m. and 8:00 p.m., except in emergencies.⁷ Repeated entry without proper notice can violate the tenant’s right to quiet enjoyment and support a legal claim.

Tenant Duties

Tenants must keep their portion of the unit clean and sanitary, use plumbing and electrical fixtures properly, avoid damaging the property, and dispose of trash reasonably.⁸ Tenants also have to comply with applicable building and housing codes and follow reasonable rules written into the lease.

These duties matter in two places: a landlord may use any failure as grounds for a seven-day notice to cure or vacate, and in deposit disputes evidence of neglect weakens a tenant’s claim to a full refund.

Rent, Late Fees, and Bounced Checks

Florida does not cap rent or limit how much a landlord can raise it between lease terms. For a month-to-month tenancy, 30 days’ notice before the increase takes effect is generally required.

Late fees are enforceable if stated in the lease and reasonable. The statute sets no specific cap for residential late fees, so reasonableness turns on whether the fee reflects the landlord’s actual cost of handling a late payment rather than serving as a penalty. An unreasonably high fee may not hold up if challenged.

Bounced checks carry separate fees. The landlord can charge the bank fees actually incurred plus a service charge of $25 (for a check of $50 or less), $30 (over $50 but not more than $300), or $40 (over $300), or 5 percent of the check amount, whichever is greater.⁹

Notice to End a Tenancy

Timing errors on notice are among the most common mistakes on both sides. The required notice depends on the type of tenancy and the reason for ending it.

No-Cause Termination

A month-to-month tenancy requires at least 30 days’ written notice before the end of a monthly period. A week-to-week tenancy requires at least 7 days before the end of a weekly period.¹⁰ A fixed-term lease ends on its stated expiration date without notice, though automatic renewal clauses may require notice to stop rollover.

Nonpayment of Rent

When rent is unpaid, the landlord must deliver a written three-day notice demanding payment or possession. Saturdays, Sundays, and legal holidays do not count toward the three days.¹¹ Full payment inside that window stops the eviction based on that notice.

Other Lease Violations

For other violations, the landlord must give a seven-day written notice identifying the problem and allowing time to fix it.¹¹ If the violation cannot be cured, such as repeated disturbances, a seven-day unconditional notice to vacate may be used instead.

Breaking a Lease Early

Ending a fixed-term lease before it expires generally carries financial consequences, but Florida recognizes several exceptions. When a lease simply expires and neither side acts, the tenancy usually converts to month-to-month.

Military Servicemembers

An active-duty servicemember can terminate with 30 days’ written notice after receiving permanent change-of-station orders moving them 35 or more miles away, being involuntarily discharged, or receiving temporary duty orders for more than 60 days to a location 35 or more miles away. Rent is prorated through the termination date, with no further liability.¹² A servicemember who terminates at least 14 days before taking possession owes no damages or penalties.

Domestic Violence

Victims of domestic violence, dating violence, sexual violence, or stalking may terminate early under Section 83.683. The tenant must provide written notice with documentation such as a police report or protective order. Landlords may not evict or terminate solely because the tenant or a minor in the household is a victim.

Early Termination Fees

If the lease includes an early termination clause, the fee cannot exceed two months’ rent. The cap applies only when both parties agreed to it at signing through a separate addendum, and the tenant cannot be required to give more than 60 days’ notice before the planned exit date.¹³ Beyond the termination fee, the landlord can still collect rent through the end of the month possession is retaken, plus any actual damage.

Uninhabitable Conditions

A tenant may terminate by withholding rent when the landlord has made the premises completely uninhabitable and refuses to fix the problem. Written notice describing the specific issue must give the landlord at least 20 days to repair. If nothing happens in that window, the tenant can abandon the property, keep the withheld rent, and end the lease without liability for future rent.¹¹ The bar is high; the unit must be truly unlivable, not simply in need of cosmetic work.

The Eviction Process

Evictions in Florida follow a court process. A landlord who uses lockouts, utility shutoffs, or removal of a tenant’s belongings instead faces liability for the tenant’s damages and attorney’s fees. Self-help evictions are illegal.

The process begins with the correct written notice: three days for unpaid rent, seven days for other violations. If the tenant does not pay, cure, or vacate within the notice period, the landlord files an eviction complaint in county court. During the case, the tenant is typically required to deposit disputed rent into the court registry as it comes due, and failing to do so can produce a default judgment for the landlord.

After judgment for the landlord, the clerk issues a writ of possession directing the sheriff to remove the tenant. The sheriff posts a 24-hour notice on the property, and weekends and legal holidays do not pause the clock.¹⁴ Once that 24 hours passes, the sheriff can physically remove anyone still on the property. Filing fees, service of process, and sheriff fees typically run several hundred dollars even without an attorney.

Property Left Behind After Move-Out

A landlord cannot simply discard belongings left by a departed tenant. Written notice must go to the former tenant describing the property, saying where it can be claimed, and setting a pickup deadline. In-person delivery gives the tenant at least 10 days; mailed notice gives at least 15 days from the date of mailing.¹⁵ Reasonable storage charges are allowed, but disposing of items before the deadline creates legal exposure.

Retaliation

Florida bars landlords from retaliating against tenants who exercise legal rights. Retaliation includes raising rent, cutting services, or filing eviction after a tenant reports code violations to a government agency, joins a tenant organization, or lawfully withholds rent over unresolved maintenance problems.¹⁶

The tenant must have acted in good faith. A frivolous complaint used as leverage will not support a retaliation defense. When a tenant genuinely reports an unsafe condition and the landlord responds soon after with a rent increase or termination notice, the landlord bears the burden of showing a legitimate business reason. Tenants who prove retaliation can recover actual damages and attorney’s fees, which rewards careful recordkeeping on both sides.

Emotional Support Animals

Florida has a specific statute on emotional support animals in rental housing. A landlord cannot charge extra fees or deposits for an ESA kept as a reasonable accommodation for a disability. If the disability is not obvious, the landlord may ask for documentation, but what counts is narrowly defined.¹⁷

Acceptable documentation includes a government disability determination, proof of disability benefits, eligibility for housing assistance based on a disability, or information from a licensed health care practitioner who has provided in-person care to the tenant at least once. An online-only ESA registration, certificate, or ID card by itself is not enough.¹⁷ The landlord may require proof of current vaccinations and licensing but cannot ask about a diagnosis or request medical records.

1
The Florida Bar. Rights and Duties of Tenants and Landlords
2
Florida Senate. Florida Code 83.50 – Disclosure of Landlords Address
3
U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule Fact Sheet
4
Florida Senate. Florida Code 83.49 – Deposit Money or Advance Rent Duty of Landlord and Tenant
5
The 2025 Florida Statutes. Florida Code 83.49 – Deposit Money or Advance Rent Duty of Landlord and Tenant
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The Florida Legislature. Florida Code 83.51 – Landlords Obligation to Maintain Premises
7
Florida Senate. Florida Code 83.53 – Landlords Access to Dwelling Unit
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Florida Senate. Florida Code 83.52 – Tenants Obligation to Maintain Dwelling Unit
9
Official Internet Site of the Florida Legislature. Florida Code 68.065 – Actions to Collect Worthless Payment Instruments
10
Justia. Florida Code 83.57 – Termination of Tenancy Without Specific Term
11
Florida Senate. Florida Code 83.56 – Termination of Rental Agreement
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The Florida Legislature. Florida Code 83.682 – Termination of Rental Agreement by a Servicemember
13
Florida Senate. Florida Code 83.595 – Choice of Remedies Upon Breach or Early Termination by Tenant
14
The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord
15
FindLaw. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises After Tenancy Has Terminated
16
Justia. Florida Code 83.64 – Retaliatory Conduct
17
Official Internet Site of the Florida Legislature. Florida Code 760.27 – Prohibited Discrimination in Housing Provided to Persons With a Disability or Disability-Related Need for an Emotional Support Animal