Florida Statutes Chapter 83: Deposits, Repairs, and Eviction

Florida landlord-tenant law lives in Chapter 83 of the Florida Statutes, and the residential portion (Part II, the Florida Residential Landlord and Tenant Act) sets the rules almost every renter and housing provider in the state has to follow.¹ Many of its protections are mandatory. A lease clause that tries to waive them is unenforceable, no matter what the tenant signed.

The chapter also contains a separate part for commercial rentals and another for self-storage units. Those have their own rules and are not covered below.

Security Deposits

Security deposits generate more disputes than any other part of the statute, and the deadlines are strict.

A landlord has three options for holding deposit money: a separate non-interest-bearing account at a Florida financial institution, a separate interest-bearing account at a Florida financial institution, or a surety bond posted with the clerk of the circuit court for the total amount of deposits held or $50,000, whichever is less. Deposit money cannot be mixed with the landlord’s personal funds or used for any purpose until it is actually owed. Within 30 days of receiving the deposit, the landlord must give the tenant written notice identifying where the money is held or stating that a bond has been posted.²

After the tenant moves out, one of two clocks starts. If the landlord makes no claim against the deposit, the full amount (plus interest, if applicable) must be returned within 15 days after the rental agreement ends. If the landlord intends to keep some or all of it, the landlord must send written notice by certified mail to the tenant’s last known address, or by email if the tenant agreed to electronic notice, within 30 days after the rental agreement ends. That notice has to state the intention to impose a claim and explain the reason.²

The tenant then has 15 days to object. If no objection comes in, the landlord may deduct the claimed amount and must return any remaining balance within 30 days of the notice date. Miss the 30-day claim notice, and the landlord forfeits the right to make any claim against the deposit at all, regardless of whether the tenant actually damaged the unit.²

Maintenance Responsibilities

Landlords have to keep the property in compliance with applicable building, housing, and health codes. Where no code applies, they still must maintain structural elements like the roof, exterior walls, floors, doors, and windows, and keep the plumbing in reasonable working order. In multi-family buildings (anything other than a single-family home or duplex), landlords also have to provide functioning heat during winter, running water, hot water, and working locks.³

Tenants have their own duties: keep their portion of the premises clean and sanitary, use appliances and fixtures as intended, avoid damaging the property, and follow the landlord’s reasonable rules.

When the Landlord Can Enter

A landlord may enter at reasonable times for repairs, agreed-upon improvements, inspections, or to show the property to prospective buyers or tenants, and the tenant cannot unreasonably refuse. For repair purposes, reasonable notice means at least 24 hours in advance, with entry between 7:30 a.m. and 8:00 p.m.⁴ In a genuine emergency, such as a burst pipe or a fire, the landlord may enter without notice.

Ending a Month-to-Month Tenancy

When a residential lease has no fixed end date, either side can terminate by giving written notice. A month-to-month tenancy needs at least 30 days’ notice before the end of the monthly period. A week-to-week tenancy needs at least 7 days’ notice before the end of the weekly period.⁵ No reason is required. Just meet the notice period.

Active-duty service members have an additional right. If they receive qualifying military orders, including a permanent change of station that requires a move of 35 miles or more from the property, they can terminate the lease early with 30 days’ written notice and a copy of the orders. This right cannot be waived.

Repairs and Rent

Tenants sometimes assume they can stop paying rent when the landlord ignores repair problems. That is not how the statute works.

A tenant can raise the landlord’s failure to maintain the premises as a legal defense, but only after giving written notice specifying the problem and allowing seven days for the landlord to fix it.⁶ If the landlord then files for eviction, the court can reduce the rent to reflect how much the problem diminished the unit’s value.

There is a catch. Even when raising this defense, the tenant must deposit the disputed rent into the court registry within five days of being served with the eviction complaint. Miss that deposit and every defense other than actual payment is waived.⁶ Tenants who simply stop paying, without following the statutory procedure, tend to lose cases they could otherwise have won.

What Landlords Cannot Do

Florida prohibits self-help evictions. A landlord cannot shut off utilities (water, electricity, gas, heat, garbage collection), change the locks, install a boot lock, remove doors, windows, or walls, or take a tenant’s personal property out of the unit. The only exceptions are legitimate maintenance work and situations where the tenant has surrendered or abandoned the unit, or a court has ordered a lawful eviction.⁷

The penalty for violating these rules is severe. A tenant can recover actual and consequential damages or three months’ rent, whichever is greater, plus attorney’s fees and court costs. Repeated violations that are not part of the same incident carry separate damage awards, and a court can also issue an injunction because the statute treats any violation as irreparable harm.⁷

Retaliation is also barred. A landlord cannot raise rent, cut services, or threaten eviction primarily because the tenant complained to a government agency about code violations, joined a tenants’ organization, notified the landlord about needed repairs under the statute, or lawfully terminated a lease under the military provision. The landlord can still act for legitimate reasons like nonpayment or an actual lease violation, but must be prepared to show the action was taken in good faith.

Attorney’s Fees

In any lawsuit to enforce Chapter 83 or a rental agreement, the prevailing party can recover reasonable attorney’s fees and court costs from the losing party. It applies equally to landlords and tenants, and a lease clause that tries to waive it is unenforceable.⁸ The one exception is that fees are not available in a personal injury claim based on the landlord’s failure to maintain the premises.

How Eviction Actually Works

Eviction follows a rigid sequence, and skipping a step sends the landlord back to the beginning.

The Pre-Filing Notice

For nonpayment of rent, the landlord must serve a written three-day notice demanding payment or possession. The three days exclude Saturdays, Sundays, and court-observed holidays. The notice must state the exact dollar amount owed and the date by which the tenant must pay or leave.⁹ Padding the number with late fees or charges that the lease does not define as additional rent can invalidate the notice and force the landlord to start over.

For lease violations other than nonpayment, the landlord serves a seven-day notice. If the problem is curable, such as an unauthorized pet, the tenant gets seven days to fix it. If it is not curable, or is a repeat offense within 12 months of a prior written warning, the notice terminates the lease and gives the tenant seven days to vacate.¹⁰

Filing and Service

If the tenant neither pays nor leaves, the landlord files an eviction complaint with the Clerk of the Court in the county where the property sits. The clerk issues a summons for each defendant, served by a certified process server or the county sheriff. All adult occupants must be named so the final judgment covers everyone in the unit.

The Tenant’s Response

Once served, the tenant has five days to file a written response with the court.¹¹ In a nonpayment case, the tenant must also deposit the disputed rent into the court registry. Fail on either front and the landlord can move for default, asking the court to rule without a hearing. If the tenant does respond, the judge sets a hearing.

The Writ of Possession

When the court rules for the landlord, the clerk issues a writ of possession directing the sheriff to remove the tenant. Before executing it, the sheriff must post a 24-hour notice conspicuously on the premises. Weekends and holidays do not pause the countdown.¹²

After 24 hours, the landlord or the landlord’s agent may remove the tenant’s personal property to or near the property line. The landlord can ask the sheriff to remain on-site during lock changes and property removal at an hourly rate set by the sheriff’s office. Once the property is out, neither the sheriff nor the landlord is liable for any loss or damage to it.¹² From the first notice to physical removal, an uncontested eviction runs several weeks at minimum. Contested cases run considerably longer.

1
The Florida Legislature. Florida Statutes Chapter 83 – Landlord and Tenant
2
The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
3
Florida Senate. Florida Code 83.51 – Landlord’s Obligation to Maintain Premises
4
The Florida Legislature. Florida Code 83.53 – Landlord’s Access to Dwelling Unit
5
FindLaw. Florida Code 83.57 – Termination of Tenancy Without Specific Term
6
FindLaw. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure
7
FindLaw. Florida Code 83.67 – Prohibited Practices
8
FindLaw. Florida Code 83.48 – Attorney Fees
9
Florida Senate. Florida Code 83.56 – Termination of Rental Agreement
10
The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
11
Florida Senate. Florida Code 51.011 – Summary Procedure
12
FindLaw. Florida Code 83.62 – Restoration of Possession to Landlord