Florida landlord tenant law for homes and apartments is set out in part II of chapter 83 of the Florida Statutes. It covers how security deposits are held and returned, the landlord's repair duties, notice before entry, and practices landlords may not use. Commercial leases fall under part I and depend mostly on the lease itself.
A lease is a contract, but in Florida a residential lease sits on top of a set of statutes that the parties cannot always change. Some rules apply no matter what the lease says. Others apply only if the lease is silent. Knowing which is which is most of the work in a landlord and tenant dispute. We advise property owners who want leases and practices that hold up, and tenants who want to know where they stand. This page is part of our real estate law practice and focuses on the tenancy itself. If a dispute has already turned into a removal case, our Florida eviction process page explains each court step.
Residential and commercial: two different sets of rules
Chapter 83 of the Florida Statutes has two main parts. Part II, the Florida Residential Landlord and Tenant Act, governs homes, apartments and other dwelling units, and many of its protections cannot be waived in a lease. Part I governs nonresidential tenancies such as stores, offices and warehouses, where the written lease does most of the work. The rest of this page concerns residential rentals unless it says otherwise.
Leases and ending a tenancy
A written lease should spell out the rent, due date, term, who pays which utilities, pets, guests, maintenance responsibilities and how the lease ends. Where there is no fixed term, section 83.57 sets the minimum notice to end the tenancy before the end of a rental period: at least 7 days for week to week, 30 days for month to month or quarter to quarter, and 60 days for year to year. A lease with a fixed term generally ends on its stated date, subject to anything the lease says about renewal or notice.
Security deposits
Security deposit disputes are among the most common landlord and tenant questions, and section 83.49 is specific about them.
- How deposits are held. The landlord must keep the money in a separate account at a Florida financial institution, either non interest bearing or interest bearing, or post a surety bond, and may not mix it with the landlord's own funds.
- Written notice. Within 30 days of receiving the deposit, the landlord must tell the tenant in writing where and how it is held, unless that information is in the lease. This notice requirement does not apply to landlords renting fewer than five individual units.
- Returning the deposit. If the landlord does not intend to make a claim, the deposit must be returned within 15 days after the tenant leaves.
- Making a claim. To keep any part of it, the landlord must send written notice of the claim and the reason within 30 days, by certified mail to the tenant's last known mailing address or by email where the statute allows. A landlord who misses that deadline forfeits the right to claim against the deposit, although the landlord may still sue separately for damages.
- Objecting. The tenant then has 15 days after receiving the notice to object in writing. In a lawsuit over the deposit, the prevailing party may recover court costs and a reasonable attorney fee.
Repairs and maintenance
Under section 83.51(1), the landlord must comply with applicable building, housing and health codes, or where none apply, keep the roof, windows, doors, floors, steps, porches, exterior walls, foundations and other structural parts in good repair, and keep the plumbing in reasonable working condition. For apartments and other units that are not single family homes or duplexes, section 83.51(2) adds duties, unless otherwise agreed in writing, such as extermination of pests, locks and keys, clean common areas, garbage removal, and functioning heat, running water and hot water.
Tenants should know that withholding rent over repairs is a narrow remedy. Under section 83.60(1)(b), a tenant can raise the landlord's material failure to comply with section 83.51(1) as a defense only after giving written notice that describes the problem and states the intention to withhold rent, and waiting seven days. Withholding without that notice can lead straight to an eviction.
If you have a deposit, repair or lease question, schedule a free consultation and bring your lease and any notices you have sent or received.
Entering the unit
A landlord may enter to inspect, make repairs or show the unit, but section 83.53 requires reasonable notice. For repairs, that means at least 24 hours' notice, with entry between 7:30 a.m. and 8:00 p.m. A tenant may not unreasonably refuse access, and a landlord may not use the right of access to harass the tenant.
Practices landlords may not use
Section 83.67 prohibits a landlord from cutting off utilities, changing the locks or using a boot lock, removing outside doors, windows or the roof except for repair, and removing a tenant's belongings unless the tenant has surrendered or abandoned the unit or the landlord has completed a lawful eviction. A tenant harmed by these practices can recover actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees. Section 83.64 separately bars retaliation, such as raising rent or filing an eviction because a tenant complained in good faith to a government agency about a code violation.
Commercial lease disputes
For businesses, the lease usually controls: rent escalations, who pays taxes, insurance and maintenance, use clauses, assignment and subletting, personal guaranties, and default and cure provisions. Disputes often turn on how those clauses interact. We review commercial leases before you sign and help landlords and tenants resolve disputes under them. Our commercial real estate attorney page covers leasing and purchases in more detail.
Working with us
We help landlords draft leases and notices, and we help tenants respond to deposit claims, repair problems and lease disputes. Central Florida clients can meet at our Orlando office, and the firm limits its caseload so you work directly with an attorney.
