Tenant Rights in Florida

Security Deposits

• Maximum amountNo statutory limit. Landlords may charge any amount.
• Return deadline15 days if no deductions are claimed; 30 days if the landlord intends to make a claim against the deposit (must send written notice of claim within 30 days).

Landlord must send a written notice by certified mail within 30 days of move-out detailing any claim against the deposit. The tenant then has 15 days to object. Deductions may include unpaid rent and damages beyond normal wear and tear.

Eviction Process

• Notice requirements3-day notice for nonpayment of rent (excludes weekends and holidays). 7-day notice for lease violations (with no right to cure for certain violations). 15-day notice for month-to-month tenancies.
• Judicial eviction requiredYes
• Estimated timeline2 to 4 weeks for uncontested cases. Contested cases may take 1 to 3 months.

Rent Control

Florida law (Fla. Stat. § 166.043) preempts local governments from imposing rent control except in housing emergencies declared by the governor, and only for an initial period of one year.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice15 days' written notice before the end of the monthly period.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Military members may terminate under the SCRA. Domestic violence victims may terminate early under Fla. Stat. § 83.683.

Key Statutes

• Florida Residential Landlord and Tenant Act: Fla. Stat. §§ 83.40–83.683
• Security Deposits: Fla. Stat. § 83.49
• Landlord Obligations: Fla. Stat. § 83.51
• Tenant Remedies: Fla. Stat. § 83.60
• Retaliation: Fla. Stat. § 83.64

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Florida

Frequently Asked Questions

• Is there a limit on how much a landlord can charge for a security deposit in Florida?

  No. Florida has no statutory limit on security deposits. Landlords can charge any amount, though market norms typically range from one to two months' rent.

• How does the security deposit return process work in Florida?

  If the landlord does not intend to make any claim, the deposit must be returned within 15 days. If the landlord intends to make a claim, they must send written notice by certified mail within 30 days, describing the deduction. The tenant then has 15 days to object.

• Can a Florida tenant withhold rent for repairs?

  Yes. Under Florida law, if the landlord fails to maintain the premises in compliance with building, housing, and health codes, the tenant can give 7 days' written notice. If the landlord doesn't fix the problem within that time, the tenant may withhold rent or terminate the lease.

• Does Florida have rent control?

  No. Florida law prohibits local governments from enacting rent control except during housing emergencies declared by the governor, limited to one year. No locality currently has rent control in effect.

Sources

• Florida Residential Landlord and Tenant Act (Chapter 83, Part II)